anu college of law - australian national university publication is intended to provide information...

anu college of law

the australian national university

llb & JD hanDbook

2010

This publication is intended to provide information about the anu college of law which

is not available elsewhere. It is not intended to duplicate the 2010 undergraduate Hand-

book. It can be found on the web at http://law.anu.edu.au/Publications/llb/2010.

copies of the 2010 undergraduate Handbook may be purchased from the university

co-op Bookshop on campus, local booksellers and some newsagents. It can be found

on the web at www.anu.edu.au/studyat.

anu college of law | february 2010

contents

Message from the Dean. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Academic Calendars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Administrative Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Academic Staff of the ANU College of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Other College Administrative Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Visiting Fellows, Distinguished Visiting Mentor, ARC Fellows, Emeritus and Adjunct Professors and Part Time Course Convenors . . . . . . . . . . . . . . . . . . . 13

General College Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

The Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Associate Dean, Head of School and Sub-Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Assistant Sub-Deans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

College Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

The Law School Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

The Services Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

The Law Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

The Law Students’ Society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

ANU Students’ Association (ANUSA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Program Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Prerequisites for Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Academic Skills and Learning Centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Indigenous Australians Support Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

International Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Scholarships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Austudy/Youth Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Degree Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Bachelor of Laws (LLB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Bachelor of Laws (LLB) Combined Degrees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Juris Doctor (JD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288

Bachelor of Laws (Graduate) [LLB(G)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Honours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

General Information relating to all ANU Law Degrees . . . . . . . . . . . . . . . . . . . . . . 30

Admission and Career Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Admission to Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Legal Practice Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Careers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Practical Information for Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Academic Skills and Learning Centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Admission to Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Austudy/Youth Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Careers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Change of Addresses and Phone Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Chat (Come And Have A Talk) Student Mentoring Scheme . . . . . . . . . . . . . . . . . . . 39

Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Emergency Evacuation Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

First Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Hazard & Incident Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

First Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Indigenous Australians Support Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

International Students (Assessment Arrangements for Students from Language Backgrounds other than English) . . . . . . . . . . . . . . . . . . . . . . . . . 41

Locker Hire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Medical Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Scholarships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Student Cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Policies and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Policy on Assessment in Undergraduate Courses in the ANU College of Law . . . 44

Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Honours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

JD Honours Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Coursework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

LLM (Legal Practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

LLB and JD Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Compulsory Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67Elective Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

MessaGe FroM the Dean

a very warm welcome to the anu college of law in 2010 — to our local students, to those who have come from other parts of australia, and to those who have come from overseas. The presence of all of you is pivotal to the life of this great law school.

and it is a great law school, embedded in a great university. The anu is, for example, consist-ently ranked in international surveys, such as those conducted by The Times Higher education Supplement (uK), as the top university in australia and as high as 16th in the world. although sceptical about numerical precision, as staff we take great pride in the high reputation of anu that rankings like this reflect. I hope you will feel the same.

How our reputation for excellence impacts on you will vary from individual to individual, but I hope you will be able to take full advantage of the opportunities offered by the curriculum, which, in addition to the core compulsory courses, includes a diverse range of electives, clinical programs, internship opportunities, overseas exchanges, and research and writing projects, including the honours thesis. JD students will also have access to selected masters courses. I hope, also, that you will find time to engage in extra-curricula activities, especially in competitions run by the law Students’ Society.

as you steer your way through the myriad of choices, there is a knowledgeable and friendly team of people in the law School office to help you, led by Sub-Deans JP fonteyne (Semester 1) and Miriam gani (Semester 2) and Student administration Manager Sue Hancock. Please do not hesitate to call on them, or indeed on any other staff, myself included.

The basic information you need is in this Handbook. It deals with the technicalities of your time here, but may I take this opportunity to encourage you to engage with the deeper side of law school. The anu college of law has an ethos not only of commitment to excellence in teaching and research, but also of commitment to the continuous improvement of the law and the legal system. I hope that the active engagement of many of my colleagues in research, writing and community outreach activities relating to law reform and social justice will inspire you to think about the law as much more than an end in itself, and to work for its improvement throughout your career.

That may seem a far cry from knowing the rules that govern your progression through your degree. But one needs a sound platform for any venture, and this Handbook is your platform for a trouble-free, productive, and satisfying time at law school. May you have such a time as a precursor to a trouble-free, productive and satisfying career.

Professor Michael Coper

Dean of law and Robert garran Professor of law

ANU College of Law

page 6

aCaDeMiC CalenDars

Calendar 2010

First semester

first teaching period begins Monday 22 february

first teaching period ends Thursday 1 april

2-week & 1-day teaching break friday 2 april – friday 16 april

Second teaching period begins Monday 19 april

Second teaching period ends friday 4 June

6-week teaching break Monday 7 June – friday 16 July

second semester

Third teaching period begins Monday 19 July

Third teaching period ends friday 24 September

2-week teaching break Monday 27 September – friday 8 october

fourth teaching period begins Monday 11 october

fourth teaching period ends friday 29 october

2010 Public holidays canberra Day – Monday 8 March

good friday – friday 2 april

easter Monday – Monday 5 april

anzac Day – Monday 26 april

Queen’s Birthday – Monday 14 June

labour Day – Monday 4 october

acT family and community Day – Monday 27 September

LLB & JD Handbook 2010

page 7

Calendar 2011

First semester

first teaching period begins Monday 21 february

first teaching period ends friday 8 april

2-week & 1-day teaching break Monday 11 april - Monday 25 april

Second teaching period begins Tuesday 26 april

Second teaching period ends friday 3 June

7-week teaching break Monday 6 June - friday 22 July

second semester

Third teaching period begins Monday 25 July

Third teaching period ends friday 9 September

2-week teaching break Monday 12 September - friday 23 September

fourth teaching period begins Monday 26 September

fourth teaching period ends friday 4 november

2011 Public holidays canberra Day – Monday 14 March

good friday – friday 22 april

easter Monday – Monday 25 april

#anzac Day – Monday 25 april

Queen’s Birthday – Monday 13 June

labour Day – Monday 3 october

acT family and community Day – Monday 10 october

#Possible substitute holiday to be considered by government

ANU College of Law

page 8

staFF

executive office

Dean of the anu College of lawMichael coperT: 6125 4124e: [email protected]

executive assistant to the DeanKaren HeuerT: 6125 4124e: [email protected]

associate Deanfiona wheelerT: 6125 4167e: [email protected]

executive assistant to the associate Dean, head of school and College General Manager

Vera JoveskaT: 6125 0336e: [email protected]

head of schoolanthony connollyT: 6125 4123e: [email protected]

College General Manageralison DaunT: 6125 4635e: [email protected]

Director, legal Workshopgary TamsittT: 6125 5763e: [email protected]

executive assistant to the DirectorPam ZwickertT: 6125 4640e: [email protected]

associate Director, legal WorkshopTony cibirasT: 6125 2432e: [email protected]


page 9

anu College of law reception

T: 6125 3483e: [email protected]

sub-Dean Jean-Pierre fonteyne (Sem 1)Miriam gani (Sem 2)

student administrationSue Hancock, Manager T: 6125 3489Dinah Rigg, assistant Manager T: 6125 5877Judy Buchanan T: 6125 0510Merran coulter T: 6125 3965Sue east T: 6125 3482lauren Kish T: 6125 3483

assistant sub-DeansMark nolan (careers)T: 6125 8354e: [email protected]

Pauline Ridge (careers)T: 6125 4126e: [email protected]

services officeT: 6254 0456e: [email protected]

Jayne Hardy, ManagerMichael BrownJason King

aDMinistrative staFF

ANU College of Law

page 10

aCaDeMiC staFF oF the anu ColleGe oF laWKent anderson Heather Roberts

Donald anton cameron Roles

emma armson Donald R. Rothwell

george Barker Kim Rubenstein

Juliet Behrens Helen Saunders

Helen Bermingham Peta Spender

Tim Bonyhady Jane Stapleton

Kevin Boreham aliya Steed

Stephen Bottomley James Stellios

Ven. alex Bruce Daniel Stewart

Peter cane antony Taubman

Hilary charlesworth aM Margaret Thornton

Moeen cheema Ruth Townsend

anthony connolly gregor urbas

Michael coper fiona wheeler

Dominique Dalla-Pozza asmi wood

Mick Dodson aM Matthew Zagor

Thomas alured faunce

Daniel fitzpatrick legal WorkshopJean-Pierre l. fonteyne Ben Battcock

Miriam gani graeme Blank

Kath Hall glenda Bloomfield

Sarah Heathcote David catanzariti

Brad Jessup Scott chamberlain

Judith Jones Tony cibiras

wendy Kukulies-Smith craig collins

anne Macduff lynn Du Moulin

andrew Macintosh Tony foley

leighton McDonald Judith Harrison

anne Mcnaughton Vivien Holmes

wayne Morgan lauren Honcope

Hitoshi nasu Roberta McRae

Mark nolan Moira Murray

Molly Townes o’Brien Margie Rowe

Jonathan Powles Hugh Selby

James Prest gary Tamsitt

Michael Rawling

Simon Rice oaM

Pauline Ridge

Matthew Rimmer


page 11

staff Currently on extended leaveJennifer clarke

Robin creyke

John McMillan

amelia Simpson

chris Trevitt

ANU College of Law

page 12

other ColleGe aDMinistrative staFFFinance & hr unit legal Workshop administrationMarcia Murphy, Manager Bob Sayce, Manager

Stacey Breeze, assistant Manager Maggie Rozanski, assistant Manager

cristiana alves annette armstrong

Ruhui cheng Terence Bakkum

Jeffrey Kealley Peta Bourne

eunice McIntosh genna Brain

Raechel Riley Rosemary coppin

Begonia Diaz-Munoz

business Development Manager eric (Yun-cheng) Hung

Sally Trotter Sharon Montanez

Katy Paterson

College research support team (Crest) alicia Saiz

Karen warnes Sandra Towle

Bea Hogan Pam Zwickert

executive supportCollege education & innovation support team

(Ceist)

glenda waddell aliya Steed, Manager

alexandra Knight

Marketing & College outreach & administration support team (Coast)

angela Mula

christine Debono, Team Manager

Michelle Mabille, Manager it & Communications unitwendy Mohring, assistant Manager Phil Drury, Manager

elaine cooper alan lew, assistant Manager

Kristian Draxl chris Brink

Haibei feng fiona Bush

Sarah Hull adam geddes

claire wilson andrew Vella

Richard Vuckovic

gerry wilson


page 13

visiting Fellows, Distinguished visiting Mentor, arC Fellows, emeritus and adjunct Professors

and Part time Course Convenors

william andreen Distinguished visiting FellowsPeter Bailey The Hon Michael Kirby ac

andrew Bartlett Sir anthony Mason ac KBe

gerry Bates

frank Brennan Distinguished visiting MentorSimon Bronitt Milton Regan

Qiang changwen

The Hon Richard chisholm

Jim Davis

Jean d’aspremont

Peter ford

Don greig

David Hambly

ayako Hara

Bede Harris

Heidi Hurd

ann Kent

Michael Kobetsky

Satoshi Kurokawa

Moira Mcconnell

Michael Moore

Stanley Paulson

Dennis Pearce

Jim Phillips

Justice Richard Refshauge

Jack Richardson

charles Rowland

nicholas Seddon

John Seymour

akiho Shibata

Peter Sutherland

Martijn wilder

ernst willheim

george williams

leslie Zines

ANU College of Law

page 14

General ColleGe inForMation

The anu college of law is australia’s national law school and is known colloquially as the anu law School. The law School encourages and maintains the highest standards of scholarship, research and teaching.

The anu college of law, unlike the other colleges at the australian national university, is not divided into separate teaching departments.

the Dean

The Dean is responsible for the effective management of the college. This includes consulting with and receiving advice from a number of college committees. Students are represented on many of these com-mittees.

assoCiate Dean, heaD oF sChool anD sub-Dean

The Dean is assisted with the administration of the anu college of law by an associate Dean, Head of School and a Sub-Dean. In addition there are Directors, responsible for the oversight of particular law programs that the college offers (see below).

The Sub-Dean is a member of the teaching staff appointed to advise students and make decisions on matters requiring academic knowledge or judgment. The Sub-Dean is the person from whom students should seek advice on the following matters: course selection, status for previous studies, cross-institutional and non-award study, academic progress, special consideration and special exams, and college policies and practices relating to the llB & JD programs.

If a student is worried about an individual course, they should discuss the problem with the member of staff concerned. The Sub-Dean can then assist the student if necessary.

The Sub-Dean is currently also Director, International exchanges, and is the person to consult where students are envisaging applying for an overseas exchange. They need to discuss their plans with the Sub-Dean prior to application irrespective of whether they intend to study law or only non-law while on exchange.

appointments to see the sub-Dean should be made through the receptionist (6125 3483 or [email protected]).

assistant sub-Deans

The law School has two Sub-Deans, responsible for careers.

ColleGe CoMMitteesEducation Committee - The college-wide education committee formulates the education policy of the

college and receives reports and recommendations from the various Program committees.

The college has a number of program committees that comprise the Program Director(s), the Head of School or Director legal workshop as appropriate, the relevant Sub-Dean, the Director educational Development, an associate Director educational Development, the Student administration Manager, the relevant International Student adviser, a member of the college educational Innovation Support Team (ceIST), and other staff and student members as required.

each program committee has responsibility for the development and delivery of the curriculum and devel-opment and review of the policies for the management of the program. Reports are made to the college education committee. The committees currently in place are:


page 15

llB and JD Program committee

gDlP Program committee

llM Program committee

Migration law Program committee

Military law Program committee

Professional Short course Program committee

Higher Degree Research Program committee

There is also a working group that manages clinical legal education within the college.

the laW sChool oFFiCe

Students seeking information or advice on any of the following matters should in the first instance seek advice from staff in the law School office situated on the ground floor:

general student enquiries;

deciding to do a law degree, advice to school leavers, transferring from non-law disciplines, likely prospects for admission;

program structure, choice of courses in different years of the program, full-time and part-time loads, prerequisites to courses and preliminary information on the choice of electives;

transfers to or from other law schools;

leave of absence;

permission to enrol in restricted courses;

tutorial enrolment; and

Summer School.

Office Hours

The law School office will be open during the following times:

semester 10.00 am – 5.00 pm Monday

9.00 am – 5.00 pm Tuesday to friday

the serviCes oFFiCe

The services provided by the staff of the office include:

general enquiries;

submission and later distribution of all assessment pieces, including examination script books;

distribution of course materials (including course outlines and reading bricks); and

the issuing of lockers.

Lockers

lockers are available for hire from the Services office at $20 per year. Students are required to purchase their own padlock.

ANU College of Law

page 16

Course Materials

course outlines will be available free of charge from orientation week from the Services office or on-line from the course web page. Please only take those outlines for courses which you are enrolled in. Some addi-tional handouts may be distributed in class.

course materials are usually available at the Services office from orientation week. These reading materials can be ordered from the cashiers (located at Manning clarke for the first two weeks of semester and there after, from Pauline griffin Building) or with credit card payment on-line on ISIS. your paper receipt must be presented to the services office for collection of materials.

Students can check what is available by logging into the student section of the anu college of law website http://law.anu.edu.au/ or by visiting the Services office website http://law.anu.edu.au/servicesoffice/.

Please check the left hand side menu for details regarding undergraduate or postgraduate materials.

Policy on Refunds for Reading Bricks

There will be no refunds given from the Services office on the purchase of reading bricks. once a student has paid for the materials, they can only claim a refund from the cashier at Student administration in the Pauline griffin Building the same day as the purchase.

It is advisable for students to keep their receipt.

collection of assessment items/script books – see noticeboards and/or Services office website http://law.anu.edu.au/servicesoffice/. students Must provide their student card for collection of assessment – no exceptions.

Office Hours

The Services office will be open Monday to friday from 10.00am to 5.00pm:

the laW library

as part of the anu Division of Information, the law library provides access to a wide range of legal material in both print and electronic form. The library houses a significant collection of law reports, legislation, books and journals that supports academic research and the curriculum offered by the anu college of law. In addi-tion to the print collection, legal resources are also available to anu staff and students through a wide range of on-line legal data bases. with its group study rooms, computer labs, wireless networking and printing and photocopying facilities, the law library provides an ideal place for law students to meet and study.

The collection

legislation and law reports, the primary materials of law, comprise more than half the collection. The law library has a comprehensive collection of primary materials from all australian states and territories as well as the commonwealth, and holds legislation and major case law series from great Britain, new Zealand, canada and the united States. Students of international law will also find a good collection of international treaties and primary resources. In addition to legislation and law reports, a significant collection of legal journals, textbooks and loose-leaf services provide commentary and analysis for the legal researcher.

Electronic resources

The law library subscribes to many legal on-line data bases such as agIS, lawnow, legal on-line, lexisnexis.au, lexis, westlaw and Heinonline. Through the anu library website (http://anulib.anu.edu.au), students can also access a wide range of multi disciplinary data bases and internet resources. all networked resources are easily accessible within the law library and through the extensive Information commons computer


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laboratories on campus. Most resources are also available off campus via the internet. The law library conducts a range of legal research tutorials to familiarise students with these data bases and legal research techniques.

Borrowing materials

JD and undergraduate students may borrow most of the books in the collection for four weeks. Books in high demand are available for shorter periods as part of the Reserve collection (see below). legislation, law reports, journals and reference materials are for use within the library only although many of these materi-als are also available electronically. The anu also offers a service enabling off campus students who meet specific criteria to borrow items from the collection.

The reserve collection

Textbooks and other materials in high demand for class work and essays are placed in the Reserve collection and can be borrowed by students for two hours at a time. Some items are available on two day loan. useful reference titles, such as legal encyclopaedias and digests, are also located in the Reserve collection. Journal articles, recommended for particular courses, are available electronically as part of the library’s electronic Reserve collection. The law library holds a collection of past exam papers, many of which are also accessible through the anu library website.

Getting assistance

law library staff are happy to offer assistance to users new to legal research. Students who need help navi-gating through legislation or using an electronic database can obtain it at the Information adviser’s desk on the ground floor of the law library. for new students, tours of all library buildings on campus, including the law library, are held in orientation week and during the first week of each semester. electronic resources tutorials are also offered at this time. Students in the first year will receive legal research instruction through a series of library tutorials included in the foundations of australian law (lawS1201) course. Visiting the law library is an integral part of the law school experience. come and get to know us!

the laW stuDents’ soCiety

The anu law Students’ Society (lSS) is the representative body for anu law students, providing a wide range of social, educational and careers-oriented programs and events. with numerous publications, forums and events, the lSS is committed to strongly representing students’ interests and keeping them updated with developments in the legal profession. Membership is $5, which entitles Society members to a range of discounts, events and services.

The Committee

The lSS consists of an elected committee with six main Portfolios: education, events, careers, Social Justice, finance and administration. The President for 2010 is Rob andersen, who can be contacted at [email protected] or on his mobile phone: 0421 318 448.

for a full committee list and contact details, please visit the new lSS website: http://law.anu.edu.au/lss/

Education

The education Portfolio performs two key roles at the lSS. firstly, the education Portfolio works with the australian law Students’ association, the anu Students’ association and the anu college of law to ensure students receive high-quality education. as the peak body for anu law students, the lSS has representa-tives on many college of law and university committees, and proudly represents the interests of students in these forums.

ANU College of Law

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Secondly, the education Portfolio hosts a range of services and events, including pre-exam tutorials and the on-line model answer guide. It’s also responsible for gathering information from students on a range of issues, and holds Staff/Student Symposiums to provide students with the opportunity to discuss educational matters with the college of law leadership.

Events

The lSS hosts a huge number of social events throughout the year. These include law Ball (the biggest anu social event of the year), Pre-Toga Party, Jazz at Dusk, final Year Drinks, first Year cruise, careers cocktails, trivia nights, women in law Brunch and numerous BBQ’s. There are events to cater for all students, including mature age, international and undergraduate students. The lSS has a Social Sub-committee responsible for organising these events and is always interested in involving more students.

Careers

The careers portfolio provides students with information regarding career choices. The lSS publishes the annual careers guide, which includes sections on employment in the private and public sectors, as well as international, alternative, and volunteer opportunities. The careers fair, women in law Brunch and careers cocktails allow students to speak with members of the profession from a range of areas. The lSS also runs graduate and Summer clerk workshops.

In conjunction with anu college of law, acT legal aid, clayton utz and the acT Youth coalition, the lSS is involved with the Youth law centre acT. This service provides free legal advice and referral for the youth of canberra. It is open 1-5pm Monday to friday and is staffed by student paralegals from the anu law School who are enrolled in the clinical Youth law Program (lawS2235). application opportunities will be advertised on the web and on posters. for information about the centre go to the website http://www.youthlawact.org.au/ or follow the link from the lSS site.

Competitions

The lSS runs a series of competitions including Mooting, witness examination, client Interview, Paper Pres-entation and negotiation. These competitions provide a valuable educational and practical experience for students. The winners are sent to the australian law Students’ association conference in July to represent the anu. The lSS also runs a ‘buffet’ of these competitions for first time competitors to try out various com-petitions and develop their skills and confidence. This year we will be expanding the portfolio significantly, so stay on the lookout for more intervarsity competitions opportunities throughout the year.

Social Justice

The Social Justice portfolio was introduced in 2007 to enable the society to focus on issues of social jus-tice at the anu and in the broader community. The portfolio runs numerous forums throughout the year. Past forums have addressed human rights issues, world peace, and indigenous issues, with highly respected speakers in attendance. In addition to this the portfolio will be looking to expand into providing opportuni-ties for current law students to undertake work with community legal organisations, particularly in regional areas. If you would like to be involved, please don’t hesitate to contact us.

Finance

The lSS undertakes an ongoing effort to obtain revenue from a variety of sponsors. It also receives generous support from the anu college of law. It is part of the lSS’ mission to promote our sponsors throughout the college and pass on the benefits we receive. This means providing students with quality services at the low-est possible prices. The lSS card acts as a membership card as well as providing students with discounts at a range of hot spots around canberra.


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Administration

The administration portfolio includes issues relating to membership, IT, publications, organising meetings and working with the other portfolios. The lSS publishes the careers guide, the quarterly Peppercorn maga-zine, a first Year guide, clerkships guide, the competitions guide and a weekly e-Brief. The new lSS website and ‘anu law Student Society’ facebook group will be regularly updated during the year and e-briefs will be sent out to keep students informed. You are able to become a member of the lSS at any time during the year, but Market Day is the first and best opportunity that you have to do this. $5 membership includes discounted tickets to the major events hosted by the lSS, the lSS card and an lSS Moosecard.

Chill out time

Students are provided with an air-conditioned common Room complete with TV and kitchenette on the ground floor of the law building. Students are asked to care for this communal space, and to report any mess or breakages to the lSS or the Services office.

Students are also welcome to come into the lSS office opposite the common room.

Get involved

The lSS is always interested in having new students contribute to our activities. In 2007, the lSS introduced first year representatives to work in various portfolios in the committee. elections for these positions will be run in Semester 1.

If you would like to meet other students at law School, develop a variety of skills, enhance your employment opportunities or just generally improve your university experience, please contact us:

Send an email to [email protected]

Visit the office (go 24) law building ground floor, opposite fellows oval

call us on 0421 318 448 or phone/fax on 6125 0687

Visit our new website http://law.anu.edu.au/lss

anu stuDents’ assoCiation (anusa)

anuSa is the representative body of undergraduate students on campus. Two elected law School representatives sit on anuSa.

The anuSa law School representatives are advocates within the anu college of law for student concerns, particularly on academic issues. They sit on college committees, including the college education committee, and can also liaise with the college regarding student appeals.

The law School representatives also have direct access to the anuSa President who sits on the university education committee and university council.

The 2010 anuSa law School representatives, Heather webb and Simon Thompson can be contacted by email at [email protected]

The anuSa website can be found at http://sa.anu.edu.au

http://sa.anu.edu.au

ANU College of Law

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ProGraM inForMation

aDMission

applicants for enrolment in the anu college of law must first meet the requirements for general admission to the university. admission to the university does not guarantee enrolment in the anu college of law. The entry levels are set in late December or early January for entry in first semester and in June for entry in second semester if available. entry levels may vary annually. application is made through the universities admission centre (uac) www.uac.edu.au for domestic applicants. undergraduate programs are available in uac undergraduate, the Juris Doctor is available in uac Postgraduate. Particular international applicants also apply through uac, check the website for more information. other international applicants can apply directly to the university www.anu.edu.au/sas/admission/

Bachelor of Laws (LLB)

School leavers: the anu college of law may make selective offers to those who fall marginally below the cut-off on the basis of demonstrated aptitude or motivation to study law, as evidenced by a brief statement of no more than one page. applicants who are interested in being considered by this criterion should refer to the rel-evant entry in the universities admission centre (uac) guide. High marks in english may improve an applicant’s ranking for admission where the aTaR or equivalent is marginally below the cut-off.

Transferees: applicants who have completed not less than the equivalent of a full first year load of a non-law degree program in minimum time (whether full-time or part-time) at the anu or another australian terti-ary education institution may seek to transfer to a combined program with law or to the single law degree. normally, the combined program requires a further four or four and a half years of study.

The level of attainment required for entry as a transferee in a particular year depends on the overall number and standard of applications. as a guide, to be ranked for placement, applicants should aim to achieve a better than credit weighted average (HD=7, D=6, cr=5, P=4) in their tertiary studies. Some weighting is also placed on secondary results, so the lower the aTaR or equivalent score obtained the higher the tertiary results need to be. applicants who fall below the cut-off in a particular year may submit a one page state-ment direct to the anu law School setting out their commitment and motivation to the study of law and/or any other relevant information.

Transferring from other law schools: candidates seeking to transfer to the anu law School from other recog-nised australasian law Schools are considered on academic merit. However, an applicant who falls below the cut-off requirement, but who has compelling reasons for transferring to the anu may submit those reasons directly to the law School. To obtain an anu law degree at least 50% of the courses required for the degree must be completed at anu. applicants considering taking honours should note that at least two thirds of the law degree must be completed at anu for a student to be eligible for an honours degree.

Transferring law students can expect to receive some status for their previous recent law studies. The quan-tum of status will depend upon the structure of the program of prior study and in many cases will not amount to full credit for previous studies. The degree at the anu will normally have to be completed within ten years of the commencement of the first course for which status is granted.

a student who enrols in the llB degree program after completing studies at another university may only be granted status for up to half the courses prescribed for the degree including no more than 72 units of law courses.

www.uac.edu.au


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graduates may also apply for a combined undergraduate degree program but their ranking will be based on academic merit in previous qualifications. It should be noted, however, that some weighting is still placed on secondary results. graduates will not be considered for entry into the single llB program.

Juris Doctor (JD)

graduates of non-law disciplines or non-australian law degrees: graduates should apply to undertake the postgraduate Juris Doctor program. graduates are ranked for selection in order of academic merit based on performance in any previous qualification. The level of attainment required for graduate entry in a particular year depends on the overall number and standard of applications. as a guide, to be ranked for placement, applicants should have achieved a better than credit weighted average in their previous degree(s) (HD=7, D=6, cR=5, P=4). It should be noted, however, that some weighting is still placed on secondary results. applicants who fall below the cut-off in a particular year may submit a one page statement direct to the anu law School setting out any other relevant information which may include a case for disregarding secondary or particular tertiary results.

Non-award study

non-award-examinable enrolment — fee-paying: The law School will consider applications from persons who hold a law degree seeking to enrol in courses offered by the anu college of law on a non-award-examinable basis. applicants may include those who hold an overseas qualification or who wish to gain knowledge in a particular area of law. applicants in this category are advised to consult the law School office for details.

application forms and details of closing dates may be obtained from the university admissions office. a late application charge will apply to applications received after the closing date. http://www.anu.edu.au/sas/forms/sas36a.pdf

non-award-examinable enrolment — cross-institutional: The law School will consider applications from stu-dents enrolled in other law schools seeking to enrol in courses offered by the college on a cross-institutional basis. Such applications will be assessed on the merits of the case made in the application form. application forms and details of closing dates may be obtained from the university admissions office. a late application charge will apply to applications received after the closing date. http://www.anu.edu.au/sas/forms/.

PrereQuisites For aDMission

There are no prerequisite school or tertiary subjects for law studies. However, an important skill of the intend-ing law student is an ability to write clear, concise and correct english. High marks in english may improve an applicant’s ranking for admission where the aTaR or equivalent is marginally below the cut-off.

applicants for the combined program of Bachelor of actuarial Studies/Bachelor of laws are required to have achieved at least 160 in acT advanced Mathematics extended Major Minor (Specialist Mathematics post 2005) or at least nSw HSc Mathematics extension 1 (Band e3), or equivalent. (applicants should check with the School of finance and applied Statistics in the college of Business and economics for clarification.)

applicants for the combined program of Bachelor of Information Technology/Bachelor of laws must have acT advanced Mathematics or nSw HSc Mathematics, or equivalent. (applicants should check with the col-lege of engineering and computer Science for clarification.)

Bachelor of Science/Bachelor of laws applicants are advised that for some science courses, specific knowl-edge of mathematics, physics or chemistry is assumed. Details are available from the college of Physical Sciences.

http://www.anu.edu.au/sas/forms/sas36a.pdf

http://www.anu.edu.au/sas/forms/sas36a.pdf

http://www.anu.edu.au/sas/forms/

ANU College of Law

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Chat (CoMe anD have a talk) anu ColleGe oF laW, stuDent MentorinG sCheMe

Refer to information on page 39.

aCaDeMiC skills anD learninG Centre

The academic Skills and learning centre specialises in helping students improve their performance in the skills required for effective academic work, specifically writing skills, effective study techniques and math-ematical methods.

contact (02) 6125 2972.

https://academicskills.anu.edu.au/

inDiGenous australians suPPort sCheMe

In 1990 the anu law college established an entry and support scheme to give Indigenous australian stu-dents the opportunity to enter and the support needed to excel in a law degree. This Scheme is supported by the law School and works in association with the Jabal (Higher education) centre for Indigenous australian Students. The Scheme is now well established with thirty graduates and an Indigenous student group of around thirteen students spread through all years of the degree. Indigenous australian legal issues are taught in various courses.

In 2000, the law School officially launched the Indigenous legal employment Program, a program designed to encourage private sector law firms to employ Indigenous law students during their study and possibly after graduation. The firms have the option of employing students either as cadets under the commonwealth national Indigenous cadetship Program or as part-time employees. Students gain some financial support as well as being able to obtain law practice skills and supportive contacts within the legal profession. a part-time academic adviser has been specially appointed to tutor the australian Indigenous law students in academic skills. The support scheme provides weekly tutorials in all law subjects. The adviser, in conjunction with the Jabal (Higher education) centre, also arranges for individual tutoring assistance if necessary. Help with administrative problems and pastoral care is also provided and a social program gives the students a sense of peer support and cohesion. If necessary, Indigenous students are also encouraged to enrol in english in a legal context in their first year. all first year Indigenous students are strongly encouraged to apply for the Freilich Scholarship. The Freilich Scholarship is a generous scholarship open to all first year Indigenous law students.

Places are made available each year for australian Indigenous students who do not meet mainstream entry criteria but who nonetheless can demonstrate a capacity to successfully complete the degree. offers are made on the basis that the applicant has the capacity to succeed in law studies given the extra coaching in academic skills that is available through the Scheme. Interviews and written tests for applicants are arranged by the Jabal (Higher education) centre for Indigenous australian students. applications for entry through the Indigenous alternative entry Scheme close at the end of october and interviews are usually held in early December. for further information contact:

asmi wood on 02 6125 8141 email: [email protected] or The Jabal Higher education centre on 02 6125 3520 fax: 02 6125 3658.

The college offers two legal workshop gDlP Indigenous Scholarships each year. for further information see the college website: http://law.anu.edu.au/undergraduate/Scholarships.asp

https://academicskills.anu.edu.au/

http://law.anu.edu.au/Undergraduate/Scholarships.asp


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international stuDents

Assessment Arrangements for Students from Language Backgrounds Other Than English

under this policy students from linguistically diverse backgrounds (including aboriginal and/or Torres Strait Islander people) may be eligible for additional time in examinations. Students who want to apply for addi-tional time in law courses must demonstrate that they satisfy the criteria in the policy and that they have participated satisfactorily in the course english in a legal context. There is a presumption against additional time after a student’s first year of study in the law School. Students should contact the convenors of english in a legal context (Miriam gani, semester one and asmi wood, semester two) or the Indigenous Support Scheme (asmi wood) for information about this policy. Students must apply to the Sub-Dean at least four weeks prior to the commencement of the relevant examination period.

This policy is available at http://policies.anu.edu.au/policies/assessment_arrangements_for_students_from_language_backgrounds_other_than_english/policy

Recognition of ANU Degree

The anu llB is recognised in Malaysia, Brunei, Singapore and India. our graduates frequently gain admission to practice in the united Kingdom and the united States.

sCholarshiPs

Details of undergraduate scholarships offered by the university can be found at http://www.anu.edu.au/sas/scholarships/. Information about further law specific scholarships follows.

Littleton Groom Memorial Scholarship

This scholarship is available to a full-time student from Queensland who has completed all component courses of first year law at a standard satisfactory to merit the award. The scholarship is to assist the recipient to complete a law program or a combined law program. The recipient will continue to hold the scholarship while studying full time and achieving a satisfactory standard of results.

The Phillipa Weeks Scholarship in Law

The scholarship is available to a person who:

is a successful applicant for entry to the first year of a program of study leading to the award of Bachelor of laws (llB) whether undertaken as a single degree or part of a combined program;

has attended secondary school in a regional or remote area of australia;

has completed school in the last 12 months; and

is a citizen of or holds permanent resident status in australia.

further information can be found at: http://law.anu.edu.au/undergraduate/scholarships.asp

The Freilich Indigenous Student Scholarship in Law

The scholarship is available to a person who:

is a member of the Indigenous community in their first year of study;

is a successful applicant for entry to the first year of a program of study leading to the award of Bachelor of laws (llB) or the Juris Doctor (JD) whether undertaken as a single degree or part of a combined program; and

is a citizen or holds permanent resident status in australia.

http://www.anu.edu.au/sas/scholarships/

http://www.anu.edu.au/sas/scholarships/


ANU College of Law

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Legal Workshop Indigenous Student Scholarship Scheme

The anu college of law in conjunction with the national centre for Indigenous Studies (ncIS) have devel-oped a scholarship program to offer up to two Scholarships per year for full-time study in the graduate Diploma of legal Practice (gDlP) offered in the legal workshop.


austuDy/youth alloWanCe

Students who receive austudy/youth allowance are advised that it is their responsibility to ensure that their semester load is sufficient for full-time study. Semester load (efTSl) will be shown on the enrolment confir-mation notice. If, in any semester, efTSl load falls below 0.375, affected students should notify centrelink immediately. failure to do so may result in their being required to repay the allowance paid.



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DeGree reQuireMents

The curriculum of the anu law degrees consists of compulsory and elective courses of one semester’s length. each is worth 6 units (with the exception of lawS3202 Honours Thesis and lawS2268 community law clinical Program each worth 12 units), with 48 units per year being the standard full-time load adopted by the university. The normal full-time load in each semester is therefore 24 units. The compulsory courses are designed to ensure that every student gains a sufficient grounding in the fundamental branches of the law, as well as satisfying applicable requirements for admission to practice (see page 36 for further information); the elective courses provide an opportunity to develop particular interests and to deepen understanding.

Students are advised to consult the Student administration Manager, in the first instance, if they have any questions about the requirements for the completion of the law degree in their particular degree program structure.

lectures are normally scheduled between the hours of 8.00 am and 6.00 pm, but efforts are increasingly being made to meet the needs of part-time students.

baChelor oF laWs (llb)

The Bachelor of laws program consists of 192 units in total, distributed as follows:

15 compulsory courses (named below), worth 90 units;

17 elective courses, worth 102 units, which may include up to a maximum of 48 units of non-law courses of which no more than 18 units may be at 1000 level;

Compulsory law courses

lawS1201 foundations of australian law

lawS1202 lawyers, Justice and ethics

lawS1203 Torts

lawS1204 contracts

lawS1205 australian Public law

lawS1206 criminal law and Procedure

lawS2201 administrative law

lawS2202 commonwealth constitutional law

lawS2203* corporations law

lawS2204 Property

lawS2205 equity and Trusts

lawS2207* evidence

lawS2244* litigation and Dispute Management

lawS2249 legal Theory

lawS2250 International law

* for students who commenced their current law program prior to 2008 these courses are not compulsory, but they are required for admission to practice law.

ANU College of Law

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The Bachelor of laws is intended to be completed in four years full-time, or on a part-time basis; in either case the degree must normally be completed within ten years from the start of study (including any periods of leave or suspension).

for graduates of non-law disciplines, a shortened study program, to be completed in three years full-time or on a part-time basis, is available. Details are provided below under the “JD” entry at page 28.

Bachelor of Laws (4300) (full-time) – Suggested Degree Pattern

First semester second semester

year 1(48 units)

lawS1201 foundations of australian lawlawS1203 TortslawS1204 contracts1 non-law elective course

lawS1202 lawyers, Justice and ethicslawS2250 International lawlawS1205 australian Public law1 non-law elective course

year 2(48 units)

lawS2201 administrative lawlawS2203 corporations lawlawS1206 criminal law and Procedure1 law or non-law elective course

lawS2202 commonwealth constitutional lawlawS2249 legal Theory2 law elective courses or1 law elective and 1 non-law elective courses

year 3(48 units)

lawS2204 Property3 law elective courses or2 law and 1 non-law elective courses

lawS2205 equity and Trusts3 law elective courses or2 law and 1 non-law elective courses

year 4(48 units)

lawS2244 litigation and Dispute Management3 law elective courses or2 law and 1 non-law elective courses

lawS2207 evidence3 law elective courses or2 law and 1 non-law elective courses

Program total 192 units

Bachelor of Laws (4300) (part-time) – Suggested pattern for the first two years


year 1 (24 units)


lawS1203 Torts

lawS1202 lawyers, Justice and ethicslawS1205 australian Public law

year 2 (24 units)

lawS1204 contracts1 non-law elective course

lawS2250 International law1 non-law elective course

baChelor oF laWs (llb) CoMbineD DeGrees

The anu college of law offers the following combined programs:

Bachelor of actuarial Studies / Bachelor of laws (4443)

Bachelor of arts / Bachelor of laws (4103)

Bachelor of asia-Pacific Studies / Bachelor of laws (4573)

Bachelor of commerce / Bachelor of laws (4403)

Bachelor of economics / Bachelor of laws (4203)


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Bachelor of finance / Bachelor of laws (4423)

Bachelor of Information Technology / Bachelor of laws (4703)

Bachelor of Music / Bachelor of laws (4003)

Bachelor of Science / Bachelor of laws (4603)

Bachelor of Science (Psychology) / Bachelor of laws (4693)

Bachelor of Science (Resource and environmental Management) / Bachelor of laws (4633)

The law component of a combined program consists of 144 units in total or equivalent of three years full time study, distributed as follows:

15 compulsory courses (named above), worth 90 units;

9 law elective courses, worth 54 units;

The structure for the law component is the same for each combined program with the exception of BMusic/Blaws which is shown separately. Students should consult the college responsible for the other part of the program in order to ensure that they meet the requirements for that part of the program.

Suggested pattern for combined programs (excluding BMusic/BLaws)


year 1 (48 units)


lawS1203 Tortsnon-law course (6 units)non-law course (6 units)

lawS1202 lawyers, Justice and ethicslawS1204 contractsnon-law course (6 units)non-law course (6 units)

year 2 (48 units)

lawS1205 australian Public lawlawS1206 criminal law and

Procedurenon-law course (6 units)non-law course (6 units)

lawS2250 International lawlawS2249 legal Theorynon-law course (6 units)non-law course (6 units)

year 3 (48 units)

lawS2201 administrative lawlawS2203 corporations lawnon-law course (6 units)non-law course (6 units)


law elective course (6 units)non-law course (6 units)non-law course (6 units)

year 4 (48 units)

lawS2204 Propertylaw elective course (6 units)non-law course (6 units)non-law course (6 units)

lawS2205 equity and Trustslaw elective course (6 units)non-law course (6 units)non-law course (6 units)

year 5 (48 units)

lawS2244 litigation and Dispute Management

law elective courses (18 units)

lawS2207 evidencelaw elective courses (18 units)

Program total240 units

ANU College of Law

page 28

Suggested pattern for BMusic/BLaws (4003)


year 1(48 units)

Music Major (a) 1ensemble and aural (B) 1lawS1203 TortslawS1201 foundations

of australian law

Music Major (a) 2ensemble and aural (B) 2Music: critical and Theoretical

Studies (c) 1lawS1202 lawyers, Justice and ethics

year 2(48 units)


Studies (c) 2lawS1205 australian Public law

Music Major (a) 4Music: critical and Theoretical

Studies (c) 3ensemble and aural (B) 4lawS1204 contracts

year 3(48 units)


Studies (c) 4lawS1206 criminal law and Procedure

Music Major (a) 6Music: critical and Theoretical

Studies (c) 5lawS2250 International lawlawS2249 legal Theory

year 4(48 units)

lawS2201 administrative lawlawS2203 corporations law2 law elective courses

lawS2207 evidencelawS2202 commonwealth

constitutional law2 law elective courses

year 5(48 units)

lawS2204 PropertylawS2244 litigation and

Dispute Management2 law elective courses

lawS2205 equity and Trusts3 law elective courses


Juris DoCtor (JD)

This is a distinctive program for graduates of non-law disciplines (or non-australian law degrees). It allows students access to nominated postgraduate law courses while still equipping students with the academic qualifications for admission to practice. The program can be studied full or part-time with entry points in first and second semester. It is intended to be completed in three years full-time, or on a part-time basis; in either case the degree must normally be completed within ten years from the start of study (including any periods of leave or suspension).

There are no combined degree options with the JD.

applicants are ranked for selection in order of academic merit based on performance in previous qualifica-tions. The level of attainment required for entry in a particular year depends on the overall number and standard of applications. It should be noted, however, that some weighting is still placed on secondary results. In 2010 approved applicants will be offered a commonwealth Supported place.

The JD program consists of 144 units in total, distributed as follows:

15 compulsory courses, worth 90 units (please refer to the table in the llB entry above);

9 law elective courses worth 54 units, including at least 2 postgraduate courses (12 units) selected from a nominated list.


page 29

Previous law studies and the JD: a student who enrols in the anu JD degree after completing law studies at another university may only be granted status for up to half of the courses prescribed for the anu degree. where a student was recently enrolled in a combined program with law, whether at anu or at another institu-tion, no status will be given for law courses that were included in the completion of the other award. a student may not repeat in the JD program a course the syllabus of which is substantially similar to that of a subject passed for the award of another degree or diploma; where a course is a compulsory part of the anu JD pro-gram, an exemption from that course will normally be granted (ie the student will be required to undertake another course in lieu of the course for which exemption is granted).

electives in the JD: Students will be able to choose 9 electives from the current list available to llB students and from an additional list of nominated postgraduate courses.

research component in the JD: Students must include amongst their electives at least 2 courses from the nominated list of research intensive postgraduate courses. In addition, and subject to satisfaction of the applicable performance requirements in their other coursework, JD students may be allowed to undertake a 12-unit graduate Research unit (gRu).

Suggested course pattern for a full-time JD student

whilst a normal full-time load is four courses per semester, full-time JD students often benefit from under-taking only three courses (foundations of australian law, Torts and contracts) in the first semester of their studies. There is sufficient flexibility in the JD program to still allow these students to complete their degree in three years as the majority of research intensive postgraduate courses are taught intensively and/or outside of normal semester teaching periods. Some undergraduate courses may also be available over the summer. The Sub-Dean is available to discuss this option and its implications with JD students.

First semester Second semester

year 1(48 units)


lawS1203 TortslawS1204 contractslawS1206 criminal law

and Procedure (see above)*

lawS1202 lawyers, Justice and ethicslawS1205 australian Public lawlawS2250 International lawlawS2249 legal Theory

year 2(48 units)

lawS2201 administrative lawlawS2203 corporations law2 law elective courses*


3 law elective courses

Year 3(48 units)

lawS2204 PropertylawS2244 litigation and

Dispute Management2 law elective courses

lawS2205 equity and TrustslawS2207 evidence2 law elective courses


Suggested course pattern for a part-time student for the first two years


year 1(24 units)


lawS1203 Torts

lawS1202 lawyers, Justice and ethicslawS1205 australian Public law

year 2 (24 units)

lawS1204 contractslawS1206 criminal law and Procedure

lawS2250 International lawlawS2249 legal Theory

*Students who elect to undertake only three courses in their first semester, would study criminal law and Procedure in first semester Year 2 and would undertake one of their elective courses intensively or outside normal semester teaching periods.

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baChelor oF laWs (GraDuate) [llb(G)]

as of 2008 no further enrolments are being accepted into the llB(g), the study program previously available to graduates of non-law disciplines (or non-australian law degrees). It however continues to be availa-ble to students already enrolled in that program of study, and details are therefore still provided below. The llB(g) must normally be completed within ten years from the start of study (including any periods of leave or suspension). Typical course pattern for a full-time llB(g) (courses in italics are not compulsory, but are required by admitting authorities for admission to practice):


year 1(48 units)


lawS1203 TortslawS1204 contractslawS1206 criminal law and Procedure


lawS1205 australian Public lawlawS2250 International lawlawS2249 legal Theory

year 2(48 units)

lawS2201 administrative lawlawS2203 corporations law2 law elective courses


3 law elective courses

year 3(48 units)

lawS2204 PropertylawS2244 litigation and Dispute

Management2 law elective courses

lawS2205 equity and TrustlawS2207 evidence2 law elective courses


honours

Students enrolled in any of the llB programs or in the JD may qualify to obtain the degree with honours. The length of the program is the same as for the pass degree. Students considering taking honours should read the Honours Policy. The llB Honours Policy can be found at page 59 of this handbook. The JD Honours Policy essentially mirrors the llB policy, subject to a number of minor differences which are set out at page 62. Students should be conscious that their results in courses throughout their law program will count towards honours. In addition, students who have not completed all of their law degree at the anu should pay careful attention to the requirements for the honours degree; in essence, two thirds of the law degree must normally be completed at the anu.

More information about Honours in law is available at the honours website http://law.anu.edu.au/undergraduate/honours.asp.

General inForMation relatinG to all anu laW DeGrees

Guidelines for Course Selection

The law School has recommended standard patterns of enrolment for all its programs. These are docu-mented in this Handbook at pages 26–30. The curriculum is planned on the assumption that the majority of students will enrol in these standard patterns. These patterns are recommended for a number of rea-sons, including: ensuring students have foundational understanding and prerequisite courses necessary to complete subsequent courses, maximising the possibilities for students and teachers to draw links between related courses and creating a cohort of students who do the same compulsory courses at the same time with benefits for collegiality and group learning. The timetable is constructed based on students following the standard patterns.

http://law.anu.edu.au/Undergraduate/Honours.asp

http://law.anu.edu.au/Undergraduate/Honours.asp


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There is, however, nothing to stop students enrolling in a non-standard pattern of courses, and permission is not usually required for this. Students are advised to keep variations to the minimum necessary and to plot their program completion, bearing in mind prerequisite and corequisite requirements, when they make a decision to vary from the standard pattern. Students should also check the timetable for clashes and ask for advice if their enrolment will result in clashes.

JD students should also refer to the specific information provided at page 28 above concerning the manda-tory inclusion in their electives of at least two postgraduate courses selected from the nominated list.

Elective Courses

The following are the principal factors that affect the range and number of elective courses on offer:

availability of core staff, and their other commitments, notably compulsory llB and JD courses, the postgraduate coursework program, administrative responsibilities;

student demand;

specialist interests of core staff who are available;

availability of visitors/adjunct appointees to teach;

the desirability of balancing the number and range of offerings between semesters;

class sizes, that is, the desirability of increasing the number of offerings in order to spread student load and decrease class size;

the desirability of having courses that follow on from compulsory courses.

the law School’s specialisation in international law—so that in addition to the compulsory course it is desirable to have at least 2 elective courses per semester whenever possible;

the law School’s specialisation in environmental law—so that environmental law is offered annually and additional courses are offered when possible;

the law School’s specialisation in commercial law—so that it is desirable to offer commercial law and Takeovers and Securities Industry law annually, and, where possible, at least 2 courses per semester;

the law School’s specialisation in public law—so that in addition to the three compulsory courses, it is desirable to have elective courses on offer each year, preferably in both constitutional law and administrative law;

Ideally, elective courses would be scheduled on a 2–3 year cycle, so that students could plan their programs, but this is not always possible, largely because of changes in staffing availability, sometimes at short notice. Staff resign or retire, take various forms of leave (research leave, long service leave, sick leave, parental leave, leave without pay), or may be appointed to administrative positions with reduced teaching load. not all these departures, absences and changes can be planned in advance, let alone several years in advance. where pos-sible the gaps are covered from internal resources, or by making additional, short-term appointments.

Waiving prerequisites/corequisites and other requirements

Prerequisites and corequisites for particular courses are specified in the llB & JD Handbook. ISIS will not allow you to enrol in a course without the prerequisite or corequisite for that course. Prerequisite and coreq-uisite requirements are kept to the minimum required for effective teaching and learning. a student who wants to have a prerequisite or corequisite waived must make a case to the Sub-Dean or Student adminis-tration Manager, who will refer the student to the course convenor to make a decision about whether or not to approve the student’s enrolment in the particular case. The student will then complete a green enrolment variation form (available from the reception desk). This must be either signed by the course convenor, or a print out of email approval from the course convenor attached.

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There are special requirements for some law courses including Honours Thesis, Jessup Moot, Selected Topics in australian-united States comparative law, Survey of uS law, law Internship, clinical Youth law Program, community law clinical Program, International organisations (geneva) and International arbitration and negotiation Moot in Japan. Information about enrolment in these courses is available on the web. Decisions about enrolment in these courses are the responsibility of the respective convenors.

JD students wishing to undertake a 12-point graduate Research unit (gRu) must satisfy the specific per-formance requirements applying to that course (see information at page 110).

Status for previous studies

The amount of status for law courses completed at other institutions, whether in australia or overseas, will be determined by the Sub-Dean on the basis of information provided by the applicant and other sources.

Students cannot be granted law status for more than half the courses required for a particular degree. accordingly, the maximum amount of status that can be granted towards the law part of a combined degree program is 72 units (12 courses). In the case of students transferring to a 4 year llB, up to 24 units (4 courses) of additional non-law status may be granted, including no more than 18 units (3 courses) at first-year level. JD students are referred to the specific status details set out at page 28 above in the JD entry.

Students are warned that it is unusual for maximum status to be granted and that status determination can be a complicated process, especially where compulsory courses or overseas studies are involved.

Part-time enrolment

a student will be classified as enrolled part-time if they undertake fewer than 3 courses (18 units) in a semester. The law School encourages part-time enrolment as a mechanism for balancing work, study and caring responsibilities. Students who are working more than 15 hours a week are advised to consider part-time enrolment. no special permission is required for this. However, students should not enrol part-time in a combined program, at least in their first year, without seeking the advice of the Sub-Dean or the Student administration Manager. The reason for this is that foundations of australian law is “twinned” with Torts in first semester and with contracts in second semester, and students who do not do both will be disadvan-taged. also, the law School normally requires completion of all combined law programs within 11 years, and a plan for part-time enrolment for the whole of a combined program could affect this requirement.

Interrupting the pursuit of law courses

a student who does not want to enrol in any law courses in a particular semester, or to withdraw from all law courses, but who is not applying for leave, should seek the advice of the Sub-Dean or Student administra-tion Manager, except in the case of a student who is going on exchange or who is undertaking an honours year in another discipline. where a student enrolled in a combined program wants to do all law courses in a particular semester they should check with their other college.

Overloading

a student will be overloading if they are undertaking more than 24 units in semester 1 or 2, or more than 12 units over summer. overloading is generally discouraged, although it is recognised that in some special circumstances it may be necessary. our experience is that a credit average in law courses is necessary to give students a reasonable prospect of coping with an overload. ISIS will not allow students to overload, and stu-dents who wish to do so will need to contact the Sub-Dean or the Student administration Manager, who will advise the student and refer them to any other college in which they are enrolled. overloads are undertaken on the basis that the students overload at their own risk.


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Taking Additional Courses

Students are only permitted to take courses that form part of the degree requirements. Students seeking to enrol in courses over and above those required for the degree should seek advice from the Sub-Dean or Student administration Manager. additional courses will normally require non-award enrolment and the payment of up-front full fees. courses taken in this way will not normally count towards honours.

Concurrent enrolment

The anu offers a wide range of programs, including combined programs. occasionally students want to undertake a concurrent enrolment in more than one program (for example the llB and the graduate Diploma in legal Practice). Students must have the permission of the Sub-Dean to do this.

concurrent enrolments are discouraged for a number of reasons. first, students who are concurrently enrolled cannot use ISIS to vary their enrolment. all enrolment must be done on a green enrolment variation form and manually entered by administrative Staff. Students are warned not to attempt to vary their enrol-ment on ISIS if they are concurrently enrolled. Secondly, the programs are not timetabled or planned to be taken together. This can lead to timetable (including exam timetable) clashes. Thirdly, students can exhaust their Student learning entitlement (Sle) more quickly when they have a concurrent enrolment. This can leave them without enough Sle to complete their program.

Students who want to undertake a concurrent enrolment must apply to all colleges and/or programs where they are enrolled. for law, the Sub-Dean will deal with the application. The Sub-Dean will look at the stu-dent’s academic record and reasons for wanting to enrol concurrently. If approval is given it will be on the basis that the student has been advised against concurrent enrolment, undertakes it at their own risk, and that decisions which may have to be made by the anu college of law (eg for special consideration or special examinations) will not make allowances for this concurrent enrolment. If the concurrent enrolment involves an overload, this must also be approved (see entry on overloading above). approval will not be granted for concurrent enrolment in a student’s first year of their law studies.

The Internship Program

The Internship program requires and develops both legal knowledge and a lawyer’s approach to problem identification, analysis and recommendations.

The internship work setting may be in government departments, law firms, parliament, and non-govern-ment organisations. The project, which is settled by written agreement among the student, professional and internship director, may be multi-disciplinary but must have a strong law element and of practical utility to the workplace organisation.

Internships may also be available to work with members of the law School on projects of an applied nature. These projects may include submissions to inquiries and parliamentary committees, responses to discussion and issues papers, and projects of bodies with which members of the law School are involved (for example, advisory councils). a law School protocol governs these law School internships. college staff will advise the internship coordinator when such projects are available.

full details and enrolment requirements below please go to the following website: http://law.anu.edu.au/undergraduate/internship.asp

Summer Session Program (domestic)

The law School has a limited number of courses available in the Summer session. More information about the courses being offered in the 2011 Summer session will be available in July 2010 to help students plan for their 2011 enrolment. The courses are available on a student contribution basis (previously HecS) for currently enrolled commonwealth Supported anu law students. for students applying from outside the

http://law.anu.edu.au/undergraduate/Internship.asp

http://law.anu.edu.au/undergraduate/Internship.asp

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law School the courses attract Domestic Tuition fees (or International Student fees for International stu-dents). Information will be updated on the web site at http://law.anu.edu.au/undergraduate/Summer.asp as it becomes available.

ANU International Summer Programs

overseas summer courses are offered in geneva and at the university of alabama in January-february. Selection for enrolment in these programs is competitive, limited to small numbers, and, in the case of the geneva Program, subject to prerequisites, with early application deadlines respectively in June (geneva Pro-gram) and august (alabama Program). updated full details (including additional costs) will be available on the website at http://law.anu.edu.au/Summer/Index.asp a few weeks before the application dates.

Cross-institutional and non-award studies

The permission of the Sub-Dean is required before an anu student can study at another institution on a cross-institutional (student contribution, previously HecS) or non-award (tuition fee) basis. Permission to undertake study during semester 1 or 2 will only be granted in special circumstances, and is not given for distance education programs except in extraordinary circumstances. a more flexible approach is taken in relation to study at an australian summer school other than anu. for such study permission will generally be granted, but only up to a maximum of 12 units (usually 2 courses) during the student’s anu law program, and again not for distance education programs.

If permission for cross-institutional or non-award study is granted, the student must submit a detailed study proposal to the Sub-Dean. Particular attention is paid to whether the proposed study overlaps with courses studied at the anu, whether the proposed study can adequately substitute for a course that is compulsory in the anu degree, and whether the proposed study is roughly equivalent in ‘load’ and ‘rigour’ to study at the anu. once the Sub-Dean has approved a study proposal, it is the responsibility of the student to seek enrolment in the other institution and, after completion, to provide an official transcript of the assessment results to the law School.

The maximum amount of law status that can be granted for cross-institutional or non-award study is the equivalent of one full-time year of study at anu (48 units). Strict guidelines apply to study undertaken over-seas (see below). additional factors relating to the nature of the course and the type of assessment involved will be taken into consideration for the anu JD where cross-institutional enrolment in postgraduate courses is involved.

International Exchange Program

Students may be allowed to study law courses under the international exchange scheme once they have completed at least 10 law courses (generally speaking, from the middle of the second year of the single law degree (llB or JD) or of the third year in the case of a combined degree). Students in combined degrees who do not intend to study law courses while on exchange (ie an exclusively non-law exchange) may, with the express approval of the Director, International exchanges (law), be permitted to undertake an exchange earlier on in their studies, subject to the requirements of the other college or program.

applicants must have achieved at least a credit average in their law courses in order to study law on exchange. The length of a law-only exchange cannot normally exceed one semester. where both law and non-law courses will be undertaken on exchange, the total duration can extend to one year. More law-spe-cific exchange information is available on the law website http://law.anu.edu.au/exchanges/index.asp.

applications for exchange are considered centrally twice a year and should be submitted through the Interna-tional office approximately one year prior to the intended exchange. Prior to lodging an application with the International office, and irrespective of whether or not they intend to include law courses in their exchange program, all law students interested in applying for an exchange should consult Dr Jean-Pierre fonteyne,

http://law.anu.edu.au/undergraduate/Summer.asp

http://law.anu.edu.au/Summer/Index.asp

http://law.anu.edu.au/Exchanges/Index.asp


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Director (International exchanges) (law), about their proposed study and obtain the required law endorse-ment by booking an appointment, well in advance of the application deadline, through the receptionist, law School office on 6125 3483.

Recording of lectures

Most lectures in the law School are digitally recorded. These lectures are available for students to listen to on the course website. where lectures are unavoidably missed and a recorded version is not available, students should approach the lecturer concerned. Students should noT use personal tape or digital recorders in class without permission from the lecturer.

Prizes

The list provided in the undergraduate Handbook 2010 gives an indication of the range of prizes available for law courses. Many of these prizes are available to llB and JD students. Prizes and certificates are given at an annual prize ceremony held at the law School each year in recognition of the academic achievements of students.

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aDMission anD Career inForMation

aDMission to PraCtiCe

The Bachelor of laws and the Juris Doctor degrees of the university are recognised for direct admission in the acT (and then reciprocal admission in other jurisdictions) so long as students cover all the courses required under the uniform admission Rules. These Rules require all the compulsory courses which now include evidence, litigation and Dispute Management, and corporations law followed by a practical legal training program such as the graduate Diploma in legal Practice offered by the anu legal workshop (see below). when graduates apply for admission to practice they will need to give evidence of having completed the courses prescribed by the uniform admission Rules. This evidence is usually in the form of a certificate by the Dean of law.

once admitted to practice in any state or territory of australia, graduates are entitled to be admitted in all other states and territories of australia. They may also have their names entered on the High court register, which entitles them to practise in all federal jurisdictions.

Students with any doubts on their eligibility for admission should consult the Secretary of the appropriate State/Territory admission Board as early as possible.

students should be aware of their obligations to disclose to relevant admitting authorities any information relevant to their fitness to practice law, including, for example, findings of academic misconduct or criminal convictions.

leGal PraCtiCe ProGraM

The anu legal workshop offers the graduate Diploma in legal Practice (gDlP) which satisfies the practical training requirement for law graduates to be admitted as practising lawyers around australia. The anu’s gDlP is the largest university-based legal practice program in australia.

Students attend a 5-day intensive introductory course, Becoming a Practioner, which is conducted in dif-ferent cities several times a year, and then do a series of online courses. Students must do a minimum of 20 days placement in a legal office. Students can do longer placements with reduced coursework . graduates of the program can receive up to 50% credit towards a Masters Degree.

Students who have graduated or qualified to graduate as Bachelor of laws or Juris Doctor from an australian university or diplomates of the legal Profession admission Board are eligible to enrol. concurrent enrolment with law degree studies is possible in approved circumstances.

Details of the program are in a brochure obtainable from the anu legal workshop, from the website http://law.anu.edu.au/legalworkshop or contact [email protected]

Careers

Careers Centre

The careers centre assists anu students to maximise their potential and make a successful transition from education to work. It provides a wide range of career and employment services for anu students and recent graduates. Services include:

confidential career counselling for individuals

career development and job application seminars

résumé and interview advice


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careers resource centre

computer-based career guidance

weekly drop-in sessions

on-line advertisement of graduate, vacation and casual job vacancies

employer Visits Program and campus Interview Program

Tertiary to work careers fair and law careers fair

law graduate and summer clerkship recruitment program

student computers and printer for career related activity

free publications and employer brochures

Careers noticeboard – CareerHub – www .anu .edu .au/careers

anu careerHub is an on-line vacancy and career information system for the exclusive use of anu students and recent graduates. Students should register using their student ID and password on careerHub as soon as possible. It will provide access to:

part-time and casual employment opportunities

graduate and full-time employment opportunities

work experience, vacation, law summer clerkship and internships opportunities

career planning, job search, application, and interview resources

seminars, workshops, employer events and career fairs

plus plenty of useful career information

Careers advice

The careers centre advises students and recent graduates on the career implications of their study program and possible employment opportunities, as well as preparing them for employment or further study. advice can be given on an individual basis and consultations are confidential. less formal drop-in sessions are offered at set times each week for students seeking a brief chat with a careers professional about careers or job search issues. check careerHub for drop-in session times.

Resource centre

The careers centre has a comprehensive resource centre including: books, videos and useful articles on topics such as job search, job applications, interviews, assessment centres and testing, international employ-ment, and labour market trends. The centre also has four student computers and a printer for job search and résumé preparation.

Career education

Professional staff provide seminars, discussions and workshops related to graduate and vacation employ-ment options, labour market trends and career development issues.

Graduate recruitment

a key part of the centre’s work is promoting the skills of anu students and graduates to the community and in particular to employers. each year the careers centre is in contact with hundreds of firms, companies and government departments advertising graduate positions and professional experience programs to students of all degree programs. a number of these organisations visit the anu to run information sessions, conduct

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on-campus interviews and participate in careers fairs, such as the annual law careers fair. These events are advertised via the careerHub website.

Major graduate employers recruit students early in their final year of study for employment commencing in the following year, although the application processes and deadlines will differ for each. always check careerHub, company websites, or contact the employer directly for the most current information about employment opportunities.

Law Graduate Employment Program and Summer Clerkship Scheme

Many major Sydney and canberra law firms and companies participate in the nSw and acT graduate employment Program and Summer clerkship Scheme to recruit law students/graduates for employment opportunities. Recruitment of final year students for graduate positions occurs in March/april, while recruit-ment of penultimate year students for law summer clerkship positions over the summer holiday period occurs around July/august each year. Be sure to check with the careers centre about dates and eligibility require-ments for these programs.

Students should be aware that there are statutory obligations to disclose any conviction for a serious offence to the law practice that intends to employ them.

Plan ahead

Visit the careers centre early in the year to avoid missing important closing dates.

Take advantage of the careers centre’s free seminars on job search, networking, application preparation, interview techniques, and assessment centres.

Pick up your free copy of the career launch publication for strategies and suggestions on job search, resumes, applications, interview preparation and career development.

check the careerHub job listings regularly and consult the careers centre about resources and publications promoting upcoming graduate and vacation employment opportunities.

attend the on-campus employer Visits Program, Tertiary to work careers fair and law careers fair. These are held from March each year. employer activities are advertised via the careerHub website.

gain experience to value add to your degree. consider work experience, vacation employment, volunteering, and committee positions with student clubs and societies.

Join a professional association as a student member. They can provide great networking opportunities and information about careers in your field.

not sure of your career options? arrange to have an individual career counselling session by phoning (02) 6125 3593.

careers centre Building no. 15, arts centre lane (just off union court, opposite The gods café). T: (02) 6125 3593 e: [email protected] w: www.anu.edu.au/careers


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PraCtiCal inForMation For stuDents

aCaDeMiC skills anD learninG Centre


aDMission to PraCtiCe


austuDy/youth alloWanCe


Careers


ChanGe oF aDDresses anD Phone nuMbers

It is essential that students keep the university informed of their current address, and phone number. The university assigns students an email address to which important university correspondence will be sent. Students should check their email regularly. Students should change their address and/or phone number themselves by using the university on-line system ISIS.

The web address is: https://isis.anu.edu.au/login.asp

Chat (CoMe anD have a talk) stuDent MentorinG sCheMe

at the anu college of law we value collegiality. when you become a student in our college we want you to be a part of that collegiality and to feel that you are known and supported as an individual. critical to that will be the quality of the relationships that you build with staff and with fellow students. To assist this proc-ess, in 2008 we introduced an important initiative within the college, which will continue in 2010. cHaT is a mentoring scheme that will further enhance the supportive learning environment for which the anu college of law is known.

all first year law students will be allocated to a mentor group. we anticipate that each group will consist of two academic staff members, a later year student and a small number of other first year students. Mentors will be available to discuss the questions and issues that can arise in being a law student, and to refer stu-dents to appropriate sources of support and advice. Mentors will also facilitate the building of relationships between students in their group.

we hope that these relationships will enrich your experience at law school, and will continue throughout your time as a law student, and beyond.

for further information please contact Dr Heather Roberts, chair (in semester one) of the Student Mentoring and Pastoral care committee: [email protected] or (02) 6125 0624. chair of the committee in semester two is Kath Hall: [email protected] or (02) 6125 4608.

cHaT: Student Mentoring Scheme guidelines can be found at http://law.anu.edu.au/undergraduate/Chat/Chat_guidelines.pdf

CounsellinG

contact the anu counselling centre on (02) 6125 2442.

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Disabilities

contact the Disabilities Services centre (DSc) on (02) 6125 5036 or http://www.anu.edu.au/disabilities.

eMerGenCy evaCuation ProCeDures

Procedure for students

A On hearing the ALERT signal;

Switch off electrical equipment (where appropriate), close window (if fire).

collect up personal effects and leave door closed.

await instructions from lecturer, floor warden or staff member.

B On hearing the EVACUATION signal:

Proceed calmly to the aSSeMBlY PoInT and await instructions

Do noT uSe THe lIfT

note that mobility impaired persons should wait in the designated safe areas of the stairwells until the floor warden can assist their exit.

assembly point: The grassed quadrangle area outside the law School.

First aiD

The Services office has qualified staff. contact number is 55421 or Julie arnold in the law library 54015.

harassMent

In 2007 a new grievance process which covers issues of discrimination and harassment was instigated, together with new policies relating to these. Please consult the Students’ website in relation to these changes. http://www.anu.edu.au/students/

http://policies.anu.edu.au/procedures/prevention_of_discrimination__harassment_and_bullying_procedure/procedure

http://policies.anu.edu.au/policies/student_complaint_resolution/policy

at any time, you may seek confidential and timely advice from the Dean of Students, who will direct you to the appropriate person.

http://www.anu.edu.au/dos/

other contacts are: The counselling centre (52442) The Health Service (53598).

haZarD & inCiDent rePortinG

Hazard and/or Incident reporting can be dealt with through the Services offices – located on ground floor foyer of South wing.

Please refer to the following websites for more information.

http://info.anu.edu.au/policies/_Dhr/Procedures/hazard_reporting.asp

http://info.anu.edu.au/policies/Forms/human_resources/ohs/hr61.asp

http://info.anu.edu.au/policies/_Dhr/Procedures/incident_reporting.asp


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First aiD

contact number is (02) 6125 0456.

inDiGenous australians suPPort sCheMe


international stuDents (assessMent arranGeMents For stuDents FroM lanGuaGe baCkGrounDs other than enGlish)


loCker hire

a limited number of lockers are available outside the law Theatre for a yearly hire charge ($20.00 and your own lock). contact the Services office for further information.

MeDiCal ProbleMs

contact the anu Health Service on (02) 6125 3598.

ParkinG

Permit parking restrictions apply on campus. Short-term parking spaces are available for visitors to the site. full-time students who are enrolled in a minimum of 18 units (per semester) may be eligible for a parking permit. Voucher parking/Pay and Display parking is also available (the maximum time on voucher able to be purchased at one time is 3 hours); once you have purchased a voucher, please ensure it is displayed correctly on your vehicle. for further information regarding parking, please go to the following website: http://transport.anu.edu.au/index.php?pid=92 There are also certain restrictions which all users of the law School car park must observe:

do not park in the loading area beside the anu college of law. This area is reserved for vehicles delivering materials to the college;

do not park in the areas reserved for specified vehicles or authorised vehicles;

do not park in disabled parking bays;

do not park in loading zones;

do not park in student residential areas;

do not park in the multi-storey parking stations;

do not block off other vehicles;

motor bikes-must be parked in the areas set aside for motorbike parking; permits are not required for these areas; motorbikes are not to be brought into the quadrangle in front of the college;

bicycles are not to be brought into the law building. a bicycle rack is available at the front of the building and near the Sparke Helmore theatres. Bicycles are not permitted near lecture rooms.

university Security officers are authorised to issue infringements for breach of parking rules.

Should you have any further queries regarding parking on campus, you can email: [email protected] or phone 6125 3649. The office is open from 9.00am to 4.30pm on weekdays.

sCholarshiPs


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stuDent CarDs

Because of the university’s policy on privacy you will be asked to show your student card whenever you are making an enquiry about details of your course, checking marks, asking for your examination script or assign-ments, or making an appointment to see the Sub-Dean. You will also be required to produce your student card on entry to an examination room.


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PoliCies anD ProCeDures

This is an overview of the policies and procedures applying to llB and JD study in the anu college of law. full university Rules and Policy papers can be accessed from the anu website at http://policies.anu.edu.au/. anu college of law policies are updated and made available on the web page http://law.anu.edu.au/. Students should also consult the SeaP guide 2010 for relevant administrative procedures, including enrol-ment, re-enrolment, variation of courses and leave of absence The web address is: http://www.anu.edu.au/sas/seap/index.php.

student academic integrity (including plagiarism)In work that is submitted for assessment, all use of the work of others, whether an actual quotation, a sum-mary or a paraphrase, must be acknowledged. The acknowledgement must identify author and publication, and the particular page or paragraph where relevant. where web sites are the source, that should be clearly acknowledged. Quotations must be both acknowledged and put either in quotation marks or, for longer passages, indented as a separate paragraph. words omitted from the passage should be represented by an ellipsis (a series of three periods). words added should be put in square brackets.

where students have doubts as to how to deal with or acknowledge source materials in essays and assign-ments, they should consult their lecturer.

The university has a code of Practice for Student academic Integrity. The code can be found at:

http://policies.anu.edu.au/policies/code_of_practice_for_student_academic_integrity/policy

It provides in section 3 that:

It is the responsibility of each individual student to ensure that:

they are familiar with the expectations for academic integrity both in general, and in the specific context of particular disciplines or courses

work submitted for assessment is genuine and original

appropriate acknowledgement and citation is given to the work of others

they declare their understanding of and compliance with the principle of academic integrity on appropriate proformas and cover sheets as required by the academic area, or by a statement prefacing or attached to a thesis

they do not knowingly assist other students in academically dishonest practice.

The code defines “academic integrity” in section 2 as “the principle that students’ work is genuine and original, completed only with the assistance allowed according to the rules, policies and guidelines of the university. In particular, the words, ideas, scholarship and intellectual property of others used in the work must be appropriately acknowledged.”

Plagiarism is one type of practice covered by the code, and is defined in the code as “copying, paraphrasing or summarising, without appropriate acknowledgement, the words, ideas, scholarship and intellectual prop-erty of another person. This remains plagiarism whether or not it is with the knowledge or consent of that other person. Plagiarism has also taken place when direct use of others’ words is not indicated, for example by inverted commas or indentation, in addition to appropriate citation of the source.”

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other practices covered by the code are “collusion, the fabrication or deliberate misrepresentation of data, and failure to adhere to the rules regarding examinations in such a way as to gain unfair academic advan-tage.”

The code also applies to recycling, that is, “the submission for assessment of work which, wholly or in large part, has been previously presented by the same student for another assessment, either at the australian national university or elsewhere. In some cases, lecturers will specifically allow this practice. If no specific provision to the contrary is made, submission of work for assessment a second or subsequent time consti-tutes a breach of this code.”

The code describes the process for dealing with these practices. This can lead to a finding that a student has engaged in academic misconduct which can, in turn, lead to action under the university’s Discipline Rules (available on the web at http://www.anu.edu.au/cabs/rules/DisciplineRules.pdf).

a finding of academic misconduct may also jeopardise a student’s admission to legal practice.

students may be asked to submit work electronically so that it can be checked for plagiarism. students should ensure that they keep an electronic copy of their work which can be readily accessed.

for further guidance about student academic integrity see the article by Dr Juliet Behrens, published in the law students’ newsletter Peppercorn, and reproduced on the web at:

http://law.anu.edu.au/undergraduate/helpful_info.asp

assessment: Form and Procedures

PoliCy on assessMent in unDerGraDuate Courses in the anu ColleGe oF laW

This policy reflects the university Policy on Determination of Systems and consultation on assessment http://info.anu.edu.au/Policies/_reG/Policies/Determination_of_systems_of_assessment.asp?tab=1. In this policy: ‘chair of examiners’ means the same person as the course convenor/coordinator.

1 Principles

The chair of examiners is responsible for determining the assessment scheme in a course.

assessment schemes should reflect course objectives and comply with the college and university policies in place from time to time.

no single item of assessment should constitute the sole assessment choice in a course, save in exceptional circumstances where the assessment is constituted by a substantial piece of research work.

Students are to be assessed on the basis of criteria that are available in advance of the assessment task.

Students are to receive timely feedback on assessment tasks to enable them to gauge their progress and improve their performance. Results and feedback for assignments etc will be available to students within a reasonable time before they sit the final examination in the course.

Students are responsible for ensuring that they understand and comply with the requirements for assessment (including word limits and submission dates, below).

assessment is carried out anonymously where this is feasible.

a.

b.

c.

d.

e.

f.

g.

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2 Process

The chair of examiners will submit to the Sub Dean at least three weeks before the beginning of the semester a statement of the means of assessment for the course that complies with Sections 3 and 4 of this policy.

a sub-committee of the undergraduate Studies committee (uSc) will examine the statement of assessment to ascertain compliance with this policy and report to the chair of examiners in the week prior to commencement of semester. The sub-committee will also coordinate assessment schemes to ensure as far as possible a reasonable distribution of student workload in the semester. after any necessary changes have been made, the means of assessment will be published on the course web page by the law School office. a printed hard copy of the means of assessment will be made available to students at this time.

within the first two weeks of semester, the lecturer in each class will explain the scheme of assessment and provide students with a response to student comments and suggestions.

any changes to the statement of assessment after week two of semester must be discussed with students. where the proposed change does not have the agreement of the whole class, it must be approved by the chair of the uSc. The variation must be notified on the course web page.

3 Statement of assessment in each course

a statement of assessment for a course must contain the following:

a short overview of the options available for assessment in the course;

clear and precise information about each assessment task;

an explanation of the relationship between the assessment tasks and the course objectives;

an explanation of the criteria which will be used in assessing each task

an indication of whether the requirements of this policy, particularly those under headings 3(b)(i), 3(b)(ii) and 4, have been followed

where an element of assessment is compulsory, an indication of the consequence of non-completion of that element (ie whether it will result in a mark of “0” for that part or in an ncn for the entire course).

(b) The following specific information must also be included:

for a formal examination

the duration of the examination and the reading time, and, where the duration does not comply with the limits prescribed in Section 4 of this policy, an explanation of the reasons for the departure;

its weighting;

the permitted materials (a common formula for open-book examinations is `any except anu library books’);

the scope of the examination (as relevant – eg section of the course covered, restricted choice of questions for students who undertake other assessment, some indication of the extent of choice of questions if any);

whether the examination is compulsory or optional, and/or redeemable;

a.

b.

c.

d.

a.

i.

ii.

iii.

iv.

v.

vi.

a.

i.

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the timing of the examination; save in exceptional circumstances, formal examinations must be held in the university examination periods in the middle or at the end of each semester, and a final examination may not be held in the final two weeks of semester or during the study break that precedes the commencement of the examination session;1

students must be referred to the llB & JD Handbook for information concerning special consideration and special and supplementary examinations;

for a mid-semester examination, the week during which results and feedback on assessment will be made available to students.

(ii) for other forms of assessment

a general description of the assessment task, including whether it is compulsory or optional, and/or redeemable;

its weighting;

the due date, penalties for late submission and possibility of extension of time to submit; when the final piece of assessment is not a formal examination, it may be scheduled for submission during the examination period but should not be scheduled during the final two weeks of semester or during the study break that precedes the commencement of the examination session; other items of assessment should not be scheduled for submission in the last week of semester, during examination periods or the study break that precedes the commencement of the examination session;2

the word length and penalties for excess word length; where the word length does not comply with the limits prescribed in Section 4 of this policy, the statement of assessment must explain the reasons for the departure;

the week during which results and feedback on assessment will be made available to students.

4 Technical matters

length of assignments and examinations

unless there are sound educational reasons for providing otherwise:

the permissible range for the word length of assignments, essays and take-home exams is to be calculated by reference to between 5000-6000 words for 100% of the final mark in a course;

the permissible range for the writing time in a formal written examination should be calculated by reference to between 120-180 minutes for 100% of the final mark in a course;

the length/duration and weighting of other forms of assessment (eg class presentations, in-class tests, written tutorial or seminar exercises, moots) should, taking into account the nature of the relevant assessment task, be broadly consistent with these principles.

(b) Method for calculating word length

The word length of an assignment, essay or take-home exam will be calculated in the following manner, unless a statement of means of assessment provides otherwise:

the word length must be calculated by the student using a word processing program applied to the text (which includes headings);

1 university Policy – Principles for Determination of Systems of assessment and for consultation – at 5.1(b) and 5.2.2 exceptions are:

tutorial presentations/papers (including simulations/reflective diaries) which have to be scheduled in the final week;work which does not form part of the assessment for the final result in a course (eg short examination preparation tests); andassessment submitted to fulfil the requirements of Honours Thesis.

i.

a.

a.


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the footnotes will not be counted, and substantive material (other than references and citations) in the footnotes will not be assessed;

appendices will be treated as part of the text unless they merely reproduce primary materials for the aid of the examiners;

the chair of examiners may require that the word length be recorded on each page, as well as the total which is required to be specified on the cover sheet;

the chair of examiners may ask an individual student to submit their piece of work electronically, so as to enable a check of the word count.

the method for calculating word lengths differs substantially for the honours research Paper and for postgraduate electives (available to JD students). Please refer to the relevant rules.

(c) Default penalties for excess word length and late submission

unless a statement of means of assessment provides otherwise, the following penalties shall apply:

excess word-length: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded, eg if the word limit is 2,000 words, and the paper submitted is 3,000 words long, then the initial mark would be reduced by 25%.

late submission without an extension (optional assessment): an optional assignment, essay or take-home exam that is submitted after the due date and time will not be marked and will incur a mark of 0.

late submission without an extension (compulsory assessment): a compulsory assignment or essay or take-home exam that is submitted after the due date and time will be reduced by 5% of the mark awarded for each day or part thereof (including weekends) that it is submitted late. In the case of a compulsory take-home exam, the statement of means of assessment may provide for a more severe penalty in light of the restricted time available for completion of the task (including eg a provision that the piece of work will not be marked and will incur a mark of 0).

Submission after return of papers (compulsory assessment): a compulsory assignment, essay or take-home exam will not be marked and will incur a mark of 0 if it is submitted after the examiners have marked and returned the other students’ papers.

Mitigation of penalties: The appropriateness of the normal, full application of the above penalties or of alternative penalties specified in statements of means of assessment, including provision that a piece of work will not be marked and will incur a mark of 0, should be assessed in the light of the circumstances and, where appropriate, mitigated in accordance with the responsibility of the chair of examiners to ensure that a student’s performance is adequately and fairly assessed.

(d) extension of time to submit

an application for an extension of time to submit a piece of assessment must be directed to the convenor of the course or their nominee. The decision whether or not to grant the extension is within the discretion of the convenor where there are special circumstances. unless the convenor specifies otherwise, a request for an extension of time should be submitted to the convenor in writing before the due date, and should be accompanied by any medical or other evidence that supports the special circumstances on which the request is based.

(e) Departure from the policy on assessment

a.

a.

a.

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Where the Chair of examiners for a course believes there are strong educational reasons that justify a departure from this policy, or that strict application of this policy is not practicable (particularly in relation to non-standard or intensive courses), and there is no other procedure specified, the Chair may seek approval from the sub-Dean for an exemption from this policy.

(f) Submission & collection of assessment and feedback

There is a chute marked eSSaYS below the Services office counter. all work for submission is to be placed there, even if it is submitted late.

exam scripts, essays and other assessment items will also usually be returned to students through the Services office. They will be returned to students only during designated times of the week. Marks will not be given out and script books will not be returned at other times.

final examination scripts and feedback will only be available for collection after the results are published, unless the convenor determines an alternative arrangement for their return, which will be notified to students on the web.

lists of what subject material is available are posted on the web at http://law.anu.edu.au/servicesoffice/assessment.asp and at the counter.

Mid-semester assessment items must be returned to the Services office in order to enable any second marking to be carried out at the end of the semester.

students should retain a copy (hard copy and/or electronic) of all work submitted for assessment, as well as retaining any marked pieces of assessment that were returned in order eventually to substantiate any request for a re-mark or appeal against a grade.

eXaMinations

Overview

a student who wishes to be granted a degree has an obligation to attend the exams required by the anu college of law on the date and under the conditions prescribed by the college. These exams are required in order that the work undertaken in the semester may be assessed under conditions which, so far as possible, are the same for all students.

as a consequence, students must be available for examination during the entirety of the published exami-nation period. The university does, however, make the following provisions for students who have been seriously ill or have had serious personal problems, and who believe that their studies may have been adversely affected:

a student may seek a special (deferred) examination;

a student may seek to have his or her performance in an exam or other item of assessment given special consideration by the examiners.

In addition, students with particular problems, such as writing or sitting difficulties due to a medical condi-tion or disability, may request special examination arrangements. In certain specific circumstances, a student who has failed a course may be entitled to a supplementary examination.

Special examinations, special consideration, special exam arrangements and supplementary examinations are explained below. Information is also included about the exam timetable and illegible examination scripts.

a.


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Examination timetable

examinations are conducted at the end of each semester, and in some cases in mid-semester, by the univer-sity examinations office. students must take their student identity Card to all examinations. a draft timetable is published approximately 4 weeks before the June examinations and 6 weeks before the novem-ber examinations. It is available on the web. The final timetable is available on the web approximately two weeks before the June examinations and four weeks before the november examinations. absence from an examination through misreading, misunderstanding or failure to read the timetable does not entitle a student to a special examination.

Illegible scripts

In the event that a student submits examination answers which are indecipherable to the examiners, the following procedure will be followed:

a photocopy will be made by the anu college of law;

the student will provide, on the photocopy (to be collected from the law School office in the law School), a word-by-word translation in red ink and block letters above the word as written (for example, any abbreviations used must be reproduced as they appear in the original script); and

the original will be marked with the aid of the translation.

In these cases, the examiners will not be able to guarantee that normal timing for notification of results will be met. Students asked to translate an illegible script in accordance with the above procedures must do so promptly.

Special examination arrangements

The university will endeavour to accommodate the special needs of students with a medical condition/ disability which makes it difficult to undertake a formal examination without extra services.

under rule 8(1) and (5) of the examinations Rules (no.3) 2009 (on the web at http://www.anu.edu.au/cabs/rules/index.html) students can apply for special examination arrangements in either of two ways:

(1) a student with a temporary or chronic disability who has dealt with the university’s Disability Services unit in relation to his or her disability may ask the unit to determine special examination arrangements for the student for examination, including, but not limited to, additional reading or writing time, the provision of special equipment, separate accommodation or the services of an amanuensis;

(5) a student with a temporary or chronic disability to whom subrule (1) does not apply may ask the Delegated authority to approve special examination arrangements in relation to the student.

students seeking special examination arrangements must apply for such arrangements well in advance of the relevant examination. It may be impossible to comply with requests received only a few days before the examination. The law School prefers that students with chronic conditions (likely to last for more than a semester) register with the Disabilities Services unit (02 6125 5036) and have their special examination arrangements determined by that unit.

Special consideration

The opportunity for ‘special consideration’ is described in the examinations Rules (no. 3) 2009 (on the web at http://www.anu.edu.au/cabs/rules/index.html). Rule 12 provides that a student who considers that their academic performance in a course ‘has been adversely affected by illness or other cause during the period of studies to which an examination relates’ may request the examiners to take those circumstances ‘into account in making their assessment of the performance of the candidate in the course’.

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Requests for special consideration must be made on the standard university form ‘application for Special consideration’. The form can be obtained from the law School office or accessed via the web at http://www.anu.edu.au/sas/examinations/application_for_special_consideration.pdf. The completed form should be lodged with the law School office. Such forms must be submitted either before or during the relevant examination.

It is important to bear in mind the context in which special consideration is given. The purpose of assessment is to enable an examiner to gauge the performance of a candidate, usually in demonstrating the candidate’s comprehension of the content of a course. That is, the purpose of assessment is not to decide whether the mark awarded to a student is ‘fair’, or is an appropriate reward either for the innate ability of a student or for the amount of study preparation undertaken by a student.

The best evidence available to the examiner of a student’s performance is usually the results of the assess-ment completed by the candidate. a request for special consideration can only cause the examiner to reflect whether the scripts and assignments provide satisfactory evidence of a candidate’s performance. There is no presumption that a student who has requested special consideration should be given additional marks, nor that a fail mark should be altered. a request can at best cause an examiner to reconsider the usual practice of recording the marks received in prescribed assessment as the final mark for the course.

Two main options face an examiner who has received a request for special consideration. The first is to allow a student to undertake further written or oral assessment, and for the mark in that assessment to substitute for or to moderate an earlier mark. Most examiners will allow further assessment only where a student has failed a course, accepting that in that situation there is sufficient reason to outweigh the presumption that a mark received by a student in prescribed assessment is the best available evidence of the student’s perform-ance.

a second option facing an examiner is to vary the mark of a student who has requested special consideration. This option is appropriate only if there is a reason for thinking that the existing mark does not accurately reflect a student’s performance. for example, a comparison of items of assessment undertaken at different stages in a course may indicate that a student was affected by illness or adversity at one of those stages. for this reason, many examiners will not make a decision about what to do as a result of a request for special consideration until after all the pieces of assessment for the course have been submitted. This may enable a comparison of the student’s performance at times when they were, and were not, affected by the circum-stances raised in their special consideration form.

Quite commonly it is not possible for an examiner to gauge whether a student’s performance was affected by illness or adversity. This difficulty frequently arises where the assessment comprised a single examination, where a student performed better at a time when affected by illness, or where the evidence to support a request for special consideration is sketchy or based on assertion. It is usually appropriate in those situations to rely upon the prescribed assessment as the best available evidence of a student’s performance.

Requests for special consideration should be submitted before the date of the relevant assessment item. where such requests relate to circumstances surrounding an examination, an invigilator must be informed and the form must be submitted immediately after the examination. Requests which are submitted after this period are problematic, especially when they are made after the results are published. Such requests will only be forwarded to the examiners in a course after the student has made a case to the Sub-Dean that there were compelling circumstances which explained the late submission of the request.

Special examinations

Rules 11 and 12 of the examinations Rules (no.3) 2009 (on the web at http://www.anu.edu.au/cabs/rules/index.html provide that the anu college of law may grant special examinations in the following circum-stances:


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where a student was unable to attend an exam. In this case, a request for a special exam must be lodged within three working days after the time fixed for conclusion of the examination. The request must be accompanied by a written statement explaining why the student was prevented from attending the examination and by such supporting evidence as is available to the student;

where a student’s performance has been adversely affected by illness or other cause in the period of studies to which the exam relates. In this case, a written statement of the circumstances, supported by medical or other evidence, must be lodged before the examination is held; or

where a student’s performance during the exam has been adversely affected by illness or other cause. In this case, an invigilator must be notified and a request for a special exam lodged as soon as possible.

Requests for special examinations are considered by the Sub-Dean. They are only granted in the case of serious medical conditions or other unavoidable circumstances which prevent a student attending an examination.

The following problems are not regarded as so out of the ordinary as to warrant help:

the flu for a few days preceding exams (it is the whole semester’s work which is assessed);

a sore throat, feeling out of sorts, etc, on the day of the exam;

a minor accident involving a few hours paperwork;

two exams on the same day;

exams on succeeding days;

what you regard as an inconvenient or onerous exam timetable;

an interruption to study during the semester; and

travel arrangements which conflict with the exam timetable.

students who make travel arrangements or work or other commitments during the examination period do so at their own risk.

The anu college of law does noT grant special examinations where the examination is an optional examina-tion.

It is important that people with minor problems do not abuse the special examination system so that it falls into disrepute and is not available to help those students who genuinely require it. It is equally important that students who have serious problems seek help at the time. Therefore, if you have a serious problem you should see the Sub-Dean, who can help you receive the assistance you need. The Sub-Dean may be almost powerless to help a student, no matter how genuine the need, who seeks help after sitting the exam, or after the papers have been marked.

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requests for a special (deferred) examination must be made on the standard university form ‘application for special examination’. the form can be obtained from the law school office in the anu College of law or accessed via the web at http://www.anu.edu.au/sas/examinations/application_for_special_exams.pdf. the completed from should be lodged with the law school office.

Medical documentation which simply states that a student is suffering from a “medical condition” or other vague term will not be accepted. the anu College of law prefers that a medical practitioner has completed Part b of the application form. if this is not possible, then the medical certificate must address all the questions in that part of the form, including giving a clear diagnosis, indicating whether or not the practitioner is the student’s usual doctor, and indicating whether or not the severity of the condition was sufficient to prevent the student from attending the examination. Where complete information is not provided with the initial application the request for a special examination will be denied.

applications lodged more than 3 working days after the date of the examination will not normally be accepted.

If the Sub-Dean approves a special examination, a fixed date and time will be specified and these arrange-ments are not normally negotiable, irrespective of a student’s travel bookings or work commitments.

the dates of special examinations are published on the noticeboard in the law school foyer and on the law school website several weeks prior to the end of each semester. a student granted a special examination Must normally be available for examination on these dates. students who make travel or other plans during the published special and supplementary examination period do so at their own risk. Failure to attend a special examination on the appointed date will normally result in the confirmation of a Fail or nCn result in the affected course.

The university provides formal written notification of whether a request for a special exam has been approved, but the obligation nevertheless rests upon the student to confirm this. The law School will not accept, as an explanation for a student’s failure to sit a special examination, that the student did not receive the univer-sity’s letter advising whether the request had been approved. Students may find that the timing of special examinations is inconvenient. nevertheless, they have an obligation to attend. If a student does not attend a special examination, it is only in exceptional circumstances that a further exam will be set.

Supplementary examinations

(a) general Supplementary examinations

under the rules adopted by the anu college of law, eligibility for a general supplementary exam arises where:

the student received a final mark in a course which falls between 45 & 49; and

the student attempted all the compulsory items of assessment in the course – ie, this policy does not apply to students receiving the grade of ncn (non complete fail).

Students who are eligible for a supplementary exam will be assigned a result of PX against the relevant course. This interim result constitutes an offer of a supplementary exam in the course. students must then notify the law school office in writing of their intention to undertake a supplementary exam within 7 working days from the date of notification of their results over the web. hardcopy results notices are not sent to students. There is no limit to the number of supplementary exams which a student may be eligible to sit. a student who attempts a supplementary exam will receive a result of PS (with a maximum


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mark of 50) or n (fail). a student who does not provide the requisite notice will not be entitled to sit a supplementary exam.

the dates of supplementary examinations are published on the noticeboard in the law school foyer and on the law school website several weeks prior to the end of each semester. if students wish to sit a supplementary examination, they Must be available for examination on these dates. students who make travel or other plans during the published special and supplementary examination period do so at their own risk. Failure to attend a supplementary examination on the appointed date will normally result in the confirmation of a Fail or nCn result in the affected course.

The form of supplementary examination is at the discretion of the course convenor, although the guiding principle is that the supplementary exam will be in the same form as the examination failed by the student. In preparing for a supplementary exam a student can consult the course convenor or examiner who may be available to provide some additional feedback and information about the form of the exam to students.

notification of the form, time and place of the supplementary assessment will be sent to the student’s current address notified to the Registrar and to the student’s university email address.

(b) “final Semester” Supplementary examinations

In certain limited circumstances, students are entitled to a supplementary examination in their final semester of law study even though their mark is below 45. Students who fail one course in their final semester of law study with a mark of less than 45 n are entitled to a supplementary examination if they have achieved a minimum result of 50 P in all other law courses in which they are currently enrolled. for this purpose, a pass following a general supplementary exam (50 PS) is not a minimum result of 50 P. a student’s final semester of law study may, depending on their individual enrolment pattern, be either semester one or semester two or summer session.

a student who fails a general supplementary examination is not entitled to a final semester supplementary examination in the same attempt at the same course. the grades Wn or nCn will not trigger an entitlement to a final semester supplementary exam. a final semester supplementary exam will not be granted if the Chair of examiners considers there has not been a bona fide attempt at all the compulsory assessment items for the course. it is the responsibility of the student concerned to request a final semester supplementary exam.

The form of a final semester supplementary examination will be at the discretion of the chair of examiners. There will be no obligation on the lecturer to provide assistance to a student undertaking such an exam. The Sub-Dean will set the time and location of final semester supplementary exams. a student who attempts a supplementary exam in these circumstances will receive a result of PS (with a maximum mark of 50) or n (the mark in the course being the original fail mark).

anu ColleGe oF laW PoliCy on GraDinG sCales anD GraDe Distribution1 Grading/Marking System

grading scale: The uniform grading scale adopted by the university shall apply in each course:

HD High Distinction 80-100

D Distinction 70-79

a.

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cR credit 60-69

P Pass 50-59

PS Passed at Supplementary exam (maximum mark 50)

PX awarded Supplementary exam Interim grade

n fail 0-49

ncn not completed fail

cRS course Requirements Satisfied

(b) criteria for the award of final grades: The following descriptors shall provide a guide to the determination of grades for each item of assessment:

high Distinction: work of exceptional quality, which demonstrates comprehensive understanding of the subject matter, mastery of relevant skills, sophisticated or original critical and conceptual analysis, and outstanding quality in clarity, precision and presentation of work

Distinction: work of superior quality, which demonstrates a thorough knowledge and understanding of the subject matter, proficiency in relevant skills, and analytical and conceptual ability of a high order

Credit: work of good quality, which displays a good understanding of the subject matter and a sound grasp of relevant skills

Pass: work of satisfactory quality, which displays an adequate understanding of most of the subject matter and a sufficient grasp of relevant skills

Fail: work which is incomplete or displays an inadequate understanding of the subject matter or an inadequate grasp of relevant skills

2 Distribution of Grades

The distribution of grades in each course (except Honours Thesis and law Internship) shall conform to the following guidelines. The considerations which underlie the adoption of these guidelines by the anu college of law include:

It is desirable that there is stability over time in marking patterns within the law School. on the assumption that the law student population will be of similar competence each year, it is to be expected that grade distribution will conform to an approximate pattern.

Many staff are involved in the assessment of students, and staffing changes occur each year. It is desirable that guidelines exist to encourage consistency among staff in grading student performance.

The performance of individual students is often measured by comparison with the performance of other students. It is desirable that there is a stable grading benchmark to enable simple and meaningful comparisons of student performance to be made.

It is not to be expected that the performance of students in each course, or in each year, will always conform to a standard pattern. There may be special factors which explain a deviation from a grading profile. In particular, if students in a particular course or in a particular year display an unusually high or low level of academic performance, this should be reflected in the grades awarded to those students.

a.

a.

b.

c.

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a policy on grade distribution should be simple to administer. It would be counterproductive if the policy regularly engendered a protracted period of re-assessment in courses, or was the chief source of disputation among staff and students regarding deviations from the policy.

In light of those considerations, the final assessment results for students in each course (except Honours Thesis and law Internship) should normally conform to the following guidelines:

High Distinction (80% +) 2–5% of candidates

Distinction (70–79%) 10–20% of candidates

credit (60–69%) 30–50% of candidates

It is acknowledged that special factors may exist, either in a particular course or in a particular year, which would justify a deviation from these guidelines. The special factors may include the following:

number of students enrolled in a course – for example, a smaller enrolment of students in a course may be reflected in a differing level of academic commitment and performance; or a course with a small enrolment of students may display fluctuations in the competence of the student cohort.

Stage of degree at which course is completed – the greater difficulty that is often encountered by students at the outset of a degree may be reflected in different grading patterns in earlier year as opposed to later year courses in the degree structure.

Methods of assessment – the variations that occur in the methods of assessment used in different courses, and in the same courses from one year to another, may be reflected in different grading patterns, though in principle it is important to restate that a policy on grade distribution should moderate grading variations of that kind.

ordinarily a deviation from the grading guidelines would not be justified solely on the basis that the course was being assessed in that year by a different group of teachers, that a change occurred that year in the content of the course, or that the course was a new course being taught for the first time.

The administration of these guidelines is to be undertaken in the following manner:

It is the responsibility of the examiners in a course to ensure that the final assessment of students in that course conforms as nearly as practicable to these guidelines.

To achieve that outcome, it may be necessary for the examiners to moderate the final marks that would otherwise have been awarded to students in the subject. fairness may dictate that the moderation is applied not only to those students whose marks are on the boundary of a higher or lower grade, but to all students in the course. The moderation of marks would normally be undertaken by the examiners before submitting the examination returns for consideration by the examiners’ Meeting and approval by the Dean.

The examiners should submit to the law School office for the examiners’ Meeting a brief written statement that the policy has been considered and applied. If the examiners are aware that the marks which they are submitting deviate from these guidelines, they should point to the special factors which, in the opinion of the examiners, justify the deviation.

These guidelines apply only to the final assessment of students in a course. It is not expected that interim assessment in a course should necessarily conform to the guidelines, or that an examiner should be called upon by the anu college of law or by students to justify a deviation from the guidelines in interim assessment.

e.

a.

b.

c.

a.

b.

c.

d.

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revieW oF resultsThe university policy on review of final results in a course is contained in assessment Review and appeals. This policy is available on the web at http://policies.anu.edu.au/policies/assessment_review_and_appeals/policy

The following statement summarises that policy and explains how it applies to the anu college of law. Staff and students are encouraged to refer to the full text of the university policy.

Summary of relevant procedures

In accordance with university policy:

students are entitled to view all their marked assignments and examination scripts;

students are also entitled to discuss their performance in relation to assessment with an examiner or other staff member involved in the teaching of a particular course.

If, following such discussion, a student wishes to seek a review of, and to appeal against, their final result in a course, the following procedures apply.

step one: a student must make representations querying the mark awarded in a course to the course convenor, bearing in mind the obligation of that person to ‘ensure that the academic performance of each student attempting the course is adequately and fairly assessed’ (examinations Rules no.3 2009, rule 9(2)(a)). The course convenor may, after consultation with other examiners in the course, recommend that a mark in the course be varied. The course convenor will inform the student of the reasons for the decision.

step two: a student who is dissatisfied with the outcome of his or her representations to the course con-venor can seek a review of their mark for a course by the Head of School. Students should initiate this process by making an appointment to see the Head of School, who will explore with the student the basis or bases for seeking a review. The student may also provide information in writing to the Head of School. The Head of School may ask the student to provide documentary evidence or other information. The Head of School will discuss the request for review with the course convenor, and other examiners if appropriate, in order to determine the rationale for the award of the particular mark and grade and whether established assessment procedures were carried out. The Head of School may involve a third examiner in reviewing the mark. The overall issue for the Head of School is whether the student’s academic performance has been adequately and fairly assessed, as required by the examinations Rules. The Head of School will inform the student and the course convenor of the result of the review process and the reasons for it, and a copy will be placed on the student file.

Students may also seek the advice of the Sub-Dean and the Dean of Students.

step three: If after Step 2 a student still believes the result in the course is inappropriate, they should submit to the associate Dean, in writing, a formal appeal of the result. Reasons why the result is considered inap-propriate must be clearly stated and other relevant material included. Students must show why the decision of the Head of School was wrong, or, if they are raising new grounds, must explain why they were not raised with the Head of School.

The Dean of Students and the anu Students’ association may supply a supporting statement for the student or offer commentary on the appeal.

The associate Dean, after consideration of the student’s submission, and following consultation with the course convenor, will determine whether a Review Panel will be appointed.

http://policies.anu.edu.au/policies/assessment_review_and_appeals/policy

http://policies.anu.edu.au/policies/assessment_review_and_appeals/policy


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If a Review Panel is appointed it will examine:

a written submission from the student explaining why the result in dispute does not accurately reflect his/her performance;

a written statement from the course convenor involved and/or Head of School explaining why the result is justified;

assessment criteria for the course;

a copy of the work in question;

any other relevant documents;

the student’s own statement if he/she chooses to appear in person before the committee;

whether established assessment procedures have been carried out; and

whether additional evidence or extenuating circumstances have come to light which might change the final result.

The Panel will advise the associate Dean whether the original result should be upheld, or a remark is warranted, or that there is to be further examination. The associate Dean’s decision whether arrived at independently or following receipt of a recommendation of a Review Panel if established is final. The decision and the reasons for it will be conveyed in writing to the student, the Head of School, the Sub-Dean, the course convenor, any further examiners who may have been appointed for the student for the course and the members of any Review Panel.

In relation to these general procedures, there are two matters that should be emphasised to clarify common misconceptions:

a student is not entitled simply to lodge a request that an item of assessment be remarked. a student who is dissatisfied with the mark received in an item of assessment should first discuss the matter with a lecturer or examiner, as outlined above;

the anu college of law will not as a general rule give any weight to a submission made after marks have been returned that a student was ill or disadvantaged at the relevant time. There are well-established procedures for seeking special consideration which normally require that a request be made before assessment is completed.

The examination Rules require that an appeal to the associate Dean under Step 3 above be submitted within 20 working days of the formal notification of results. although the anu college of law does not strictly enforce this requirement given the need for steps 1 and 2 above to first be completed, unreasonable delay in initiating a review may significantly undermine a student’s application.

aCaDeMiC ProGressThe university has Rules on academic Progress available at http://www.anu.edu.au/cabs/rules/acadprogressrules.pdf.

It provides that: ‘If a student fails a course twice, the student must apply to obtain the approval of the course authority before re-enrolling in the course.

[note: failure includes n, ncn and wn and takes no account of the program in which the course is taken.]

The Rules also provide that a student who fails more than 50% of the unit value of the courses attempted in a semester (including a session) of enrolment is considered to have failed to maintain a satisfactory standard of academic progress in his or her program.

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[note: It is intended that, for this rule, first Semester includes courses in Summer Session and Second Semes-ter includes courses taken in winter and Spring Sessions.]

Students who fail a substantial proportion of their courses are encouraged to seek help from the Sub-Dean.


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honours

llb honours PoliCy1 Requirements for honours degree

The degree of Bachelor of law with honours shall consist of two parts:

Part a, which shall consist of a mark derived by applying the honours scale to the eligible law courses. The mark for Part a shall constitute 70% of the mark for the final honours examination.

Part b, which shall consist of a mark derived by applying the honours scale to the candidate’s result in Honours Thesis. The mark for Part B shall constitute 30% of the mark for the final honours examination.

a candidate shall not qualify for the degree with honours unless the candidate has completed 14 or more eligible law courses and Honours Thesis.

The anu college of law may decide not to award the degree with honours to a candidate who has failed an eligible law course or Honours Thesis.

2 Eligible law courses

The eligible law courses for the purposes of Part a shall be the law courses completed by a candidate in the anu college of law at the australian national university as part of the Bachelor of laws.

The eligible law courses shall not include:

Honours Thesis;

a course completed by a candidate at another university for which the candidate has been given status in the Bachelor of laws at the australian national university, whether the course was completed by the candidate before being enrolled in the Bachelor of laws, as an approved cross-institutional course, or as a course completed as part of an approved program at a foreign university;

a course completed by a candidate in the postgraduate law program in the anu college of law at the australian national university;

a course which the candidate has taken for a second or further time, having failed the course at the first attempt (whether the first recorded failure was in a course taken in the anu college of law at the australian national university or in a comparable course at another university);

if the candidate has completed at least 114 units in the anu college of law at the australian national university — the three courses in which the candidate obtained the lowest mark;

if the candidate has completed 108 units in the anu college of law at the australian national university — the two courses in which the candidate obtained the lowest mark;

if the candidate has completed 102 units in the anu college of law at the australian national university — the course in which the candidate obtained the lowest mark.

3 Honours scale

The following grade point scale shall be applied to the eligible law courses and Honours Thesis. each eligible law course and Honours Thesis will be attributed an Honours mark that is equivalent to the candidate’s course result in the course. The mark for Part a shall be the average of the Honours marks for all of the

a.

b.

c.

d.

e.

f.

g.

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eligible law courses completed by the candidate. The mark for Part B shall be the Honours mark for the can-didate’s result in Honours Thesis. a candidate’s mark for the final honours examination shall comprise 70% of the mark for Part a and 30% of the mark for Part B.

course Result (0-100%) Honours Mark (0-10)

0-49 0

50-52 1

53-56 2

57-59 3

60-62 4

63-66 5

67-69 6

70-72 7

73-76 8

77-79 9

80-100 10

4 Eligibility to enrol in Honours Thesis

a candidate shall be eligible to be enrolled in Honours Thesis in the following circumstances:

the candidate, at the time of completion of his or her studies in the anu college of law, will have completed 84 units or more in eligible law courses;

the candidate has, by the end of the first week of the semester in which they will undertake Honours Thesis, submitted to the law School office a form signed by their supervisor and counter-signed by the convenor of Honours Thesis, indicating that the supervisor has read and approved a detailed research proposal prepared in accordance with issued guidelines,3 and has agreed to supervise the student; and

the candidate is in a position to complete the requirements for admission to the degree in a period of one year or less as a full-time student; and

at the time that the candidate qualifies under paragraph (c), the candidate has an Honours mark of 4.5 in the eligible law courses completed by the candidate, after disregarding the three courses (or less, if this policy otherwise requires) in which the candidate has scored the lowest marks.

In exceptional circumstances, a student who, at the time of completion of his or her studies in the anu college of law, will have completed only 12 eligible law courses (72 units), may be permitted by the Dean to enrol in Honours Thesis in light of his or her circumstances and the high results achieved in anu law courses. The student must be in a position to complete the requirements for admission to the degree in a period of six months or less as a full-time student at the time that they enrol in Honours Thesis.

5 Failure in a law course

where a student has failed a law course, the following rules will apply.

3 Honours Thesis workshops will be offered by the college during the year to assist students to prepare the detailed research proposal which will be required for eligibility to enrol in Honours Thesis. guidelines for the preparation of the detailed research proposal are available in the course outline for Honours Thesis.

a.

b.

c.

d.


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one failure in a law course will not result in exclusion from enrolling in Honours Thesis, nor will it make a student ineligible for an award of Honours.

Two or more failures in a law course or law courses will result in a student being excluded from enrolling in Honours Thesis, and hence ineligible for an award of Honours. This rule is subject to the discretion of the Sub-Dean who can allow such a student to enrol in Honours Thesis in exceptional circumstances. The Sub-Dean will take account of any written submission from the student as to the circumstances of the failures, and any other relevant matters. If the Sub-Dean exercises the discretion and allows the student to enrol in Honours Thesis, then the fact of those failures will not make the student ineligible for an award of Honours.

one or more failure in a law course at the point of enrolment in Honours Thesis, with a subsequent failure or failures in a law course or courses will result in the student being ineligible for an award of Honours. This rule is subject to the discretion of the Dean, who can decide that such a student should be awarded Honours in exceptional circumstances. The Dean will take advice from the examiners’ meeting and will take account of any written submission from the student as to the circumstances of the failures, and any other relevant matters.

6 Part B (Honours Thesis)

The college shall arrange for a member of the academic staff of the anu college of law, or some other person who in the opinion of the college is able to provide adequate supervision at the appropriate level, to be appointed to supervise a candidate enrolled in Honours Thesis.

for the purposes of Honours Thesis, a thesis of between 11,000-13,000 words4 shall be submitted by a candidate by a date specified by the college.

7 Grade of honours

The honours result of a candidate shall be classified in the following manner:

honours (first class): if the candidate obtains an Honours mark of 4.25 or more in Part a, and a mark of 4.00 or more in Part B, and an Honours mark of 7.25 or more in the final honours examination;

honours (second class, division a): if the candidate obtains an Honours mark of 4.25 or more in Part a, and a mark of 4.00 or more in Part B, and an Honours mark of 5.75 or more (but less than 7.25) in the final honours examination;

honours (second class, division b): if the candidate obtains an Honours mark of 4.25 or more in Part a, and a mark of 4.00 or more in Part B, and an Honours mark of 4.25 or more (but less than 5.75) in the final honours examination, provided that the anu college of law may make an award of honours where the student has an Honours mark of 4.25 or more in the final honours examination and there is a marginal shortfall in Part a which may be seen to be compensated for by the result in Part B.

8 Transitional

In identifying for the purposes of this policy the law courses in which a candidate obtained the lowest mark, a course completed by the candidate in the anu college of law prior to 1999 that was an annual course shall be treated as being two courses each with an identical result.

(a candidate who, at the time the changes to this policy commence operating (1 March 2002), has already completed one or more courses at a foreign university as part of an approved program at that university, or who has already been given approval by the anu college of law to take any such courses, may elect to have all of those courses (but not some only of those courses) treated

4 Honours Thesis word length has increased to 11,000-13,000 words but the method of counting the words has changed. See the course outline for more details.

a.

b.

c.

a.

b.

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as eligible law courses, and to have the Honours marks for those courses calculated in accordance with the policy operating prior to the commencement of these changes.

a candidate who, at the time the changes to this policy commence operating (1 March 2002), has already completed one or more courses at another university as approved cross-institutional courses, or who has already been given approval by the college to take any such courses, may elect to have all of those courses (but not some only of those courses) treated as eligible law courses, and to have the Honours marks for those courses calculated in accordance with the policy operating prior to the commencement of these changes.

In respect of any candidate who was enrolled in the Bachelor of laws at the australian national university prior to 2002, any law courses undertaken by the candidate at another university prior to being enrolled at the australian national university and for which the candidate was given status upon enrolment at the australian national university, shall be counted as an eligible law course under this policy. The Honours marks for those courses shall be calculated in accordance with the policy operating prior to the commencement of these changes.

JD honours PoliCy

The JD may be awarded at H1, H2a or H2B under conditions essentially similar to those applying to llB students (see section above). JD students will be required to meet the same eligibility criteria and enrol in the Honours Thesis even if they have completed a graduate Research unit (gRu).

Please note that paragraph (c) under the heading ‘eligible law courses’ above, which excludes courses in the postgraduate law program, does not apply to JD students.

PostGraDuate stuDy oPtionsThe anu college of law offers a range of postgraduate coursework and research degrees. Study can be undertaken on a full-time or part-time basis. further information is available at http://law.anu.edu.au/postgraduate/.

CourseWork

The anu college of law offers programs of study leading to:

Masters degrees

graduate diplomas

graduate certificates

Most of the courses within the programs are offered intensively over a period of three to five days with some courses now being offered on-line or in mixed mode. Subject to applicable entry requirements and prerequisites, courses may also be taken individually (on a non-award basis) without being part of a degree or diploma to suit personal and professional needs or as part of the university’s new graduate Studies Select program.

Specialisations are available in:

government & commercial law

environmental law

International law

australian Migration law and Practice

Practical legal Training

c.

d.


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llM (leGal PraCtiCe)

Students who have completed their graduate Diploma in legal Practice (gDlP) program at anu or cDu can apply for llM (legal Practice) or llM and receive status from the gDlP. The gDlP program contributes half of the units required for an llM (legal Practice) and a quarter of the units towards an llM.

researCh

The anu college of law offers the following programs:

Master of Philosophy (MPhil)

Doctor of Juridical Science (SJD)

Doctor of Philosophy (PhD)

Students can undertake research under the supervision of leading scholars in the anu college of law. aca-demics in other areas of the university and experienced practitioners in private practice and in government departments may also supervise research.

Research may be conducted in many areas of law, and we encourage students to contact staff to discuss their potential research project and supervision requirements. further information is available at http://law.anu.edu.au/researchstudents.

llb anD JD Courses

The following tables set out the courses currently scheduled for teaching in the llB and JD programs in 2010 (some courses are not taught every year - a more extensive list follows this table).

additional courses may be made available to law students from time to time, such as, for example, one or more of the new Vice chancellor’s courses such as unravelling complexity (ugRD3001).

table of llb and JD courses available in 2010

suMMer session (December 2009 to February 2010)

Compulsory courses

lawS2207 evidence

elective courses

lawS2272 comparative law

lawS2269 Migration law

lawS2235 Sle 2: occupational Health & Safety law

lawS2239 Sle3: Insurance law

restricted elective courses

lawS2230 law Internship

lawS2247 Survey of united States law

lawS2248 Selected Topics in australian-american comparative law

lawS2258 International organisations (geneva)

lawS3010 Jessup Moot

ANU College of Law

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seMester 1

Compulsory courses

lawS2201 administrative law

lawS1205 australian Public law

lawS1204 contracts (Single Degree Students only)

lawS2203 corporations law

lawS1206 criminal law and Procedure


lawS2244 litigation and Dispute Management

lawS2204 Property

lawS1203 Torts

elective courses

lawS2267 clinical Youth law Program

lawS2210 commercial law

lawS2268 community law clinical Program

lawS2259 consumer Protection & Product liability law

lawS2213 contemporary Issues in constitutional law

lawS1209 english in a legal context

lawS2215 environmental law

lawS3202 Honours Thesis

lawS2221 Income Tax

lawS2222 Intellectual Property

lawS2253 International environmental law

lawS2225 International law of Human Rights

lawS2226 International Trade law

lawS2227 Japanese law and Society


lawS2270 law Reform

lawS2254 Restitution

lawS2236 Succession

LAWS3104 Principles of Intellectual Property (Not offered to Law Students)

seMester 2

Compulsory courses

lawS1205 australian Public law (Single Degree Students only)


lawS1204 contracts

lawS2205 equity and Trusts

lawS2207 evidence


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lawS2250 International law


lawS2249 legal Theory

elective courses

lawS2264 advanced International law

lawS2273 australian legal History

lawS2209 Bankruptcy and Insolvency

lawS2274 climate law

lawS2267 clinical Youth law Program

lawS2268 community law clinical Program

lawS2214 criminal Justice

lawS1209 english in a legal context

lawS2217 family law

lawS2219 Health law Bioethics and Human Rights

lawS3202 Honours Thesis

lawS2220 Human Rights law in australia

lawS2265 International advocacy and Procedure

lawS2228 labour law

lawS2260 law and Psychology

lawS2229 law and Society in South east asia


lawS2251 legislative Drafting and Technology

lawS2255 Restrictive Trade Practices

lawS2257 Selected Topics in australian-united States comparative law (anu)

lawS2237 Takeovers and Securities law

sPrinG session (october 2010 to December 2010)

lawS2266 International arbitration and negotiation Moot competition in Japan

note: the availability of courses to be offered in the 2011 summer session (December 2010 to February 2011) will be made public in July 2010. they will not necessarily duplicate the courses listed above that were offered in summer 2010 (December 2009 to February 2010)

Current list of postgraduate courses available to students enrolled in the anu Juris Doctor (JD)

Course Code name unit value JD Prerequisite

lawS8218 advanced contracts 6 units lawS1204 - contracts

lawS8181 australian climate law 6 units

lawS8240 australian Human Rights & Discrimination law

6 units

ANU College of Law

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lawS8280 Biodiversity law & Policy 6 units

lawS8110 Business Strategy & environmental Responsibility (Melbourne)

6 units

lawS8175 citizenship law in context 6 units lawS1205 - australian Public law

lawS8154 competition law 6 units lawS1204 - contracts & lawS2255 - Restrictive Trade Practices

lawS8144 conflict of laws 6 units lawS1204 - contracts & lawS1203 - Torts

lawS8128 contemporary Issues in constitutional law

6 units lawS2202 - commonwealth constitutional law

lawS8111 environment Business & Regulation (Melbourne)

6 units

lawS8146 environmental landuse Planning law

6 units

lawS8187 environmental litigation 6 units

lawS8243 freedom of Information & Privacy

6 units lawS1205 - australian Public law

lawS8220 government contracts 6 units lawS1204 - contracts

lawS8301 graduate Research unit 12 units 70% in a 4 relevant course + topic approval and appointment of supervisor

lawS8180 International climate law 6 units

lawS8566 International criminal law 6 units lawS2250 - International law

lawS8567 International Dispute Resolution 6 units lawS2250 - International law

lawS8234 International Human Rights law 6 units lawS2250 - International law

lawS8178 International law & the use of armed force

6 units lawS2250 - International law & lawS2264 - advanced International law

lawS8264 International law of the environment

6 units lawS2250 - International law

lawS8229 International law of world Trade 6 units lawS2250 - International law

lawS8179 International Security law 6 units lawS2250 - International law

lawS8125 law of corporate governance 6 units lawS2203 - corporations law

lawS8129 Marine & coastal law 6 units lawS2250 - International law

lawS8172 Media & communications law 6 units

lawS8142 Tort liability & Public authorities 6 units lawS1203 - Torts & lawS1205 - australian Public law

lawS8123 water Resources law 6 units

*Students must have completed or be completing 5 x 1000 level courses before enrolling in postgraduate electives. additional prerequisites as listed.


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Courses oFFereD

COMPULSORY COURSES

laWs2201 aDMinistrative laW

compulsory, 6 units

academic Contact: leighton McDonald

offered: Semester 1

Workload: administrative law is a compulsory course generally involving four hours of contact time per week over the semester. Tutorials will be offered in some classes. Students are generally expected to devote approximately 10 hours overall per week to this course.

Prerequisites: australian Public law lawS1205.

completed or completing five lawS courses at 1000 level.

Course Description: administrative law examines the legal framework for controlling decision-mak-ing by commonwealth, State and local government decision-makers in australia. It focuses on the legal restraints upon government, and the role those restraints play in maintaining government accountability. The role played by courts, tribunals, ombudsman and other agencies in reviewing gov-ernment decision-making, and to the opportunities available to the public to question government activity is examined. The course covers the core administrative law material required for admission purposes and for work in the area of law and gov-ernment. The following topics will be covered:

what accountability means in the context of the ‘administrative state’

changing patterns of ‘governance’ in contemporary australia

the historical and constitutional context of australian administrative law

the administrative law framework for review of government decision-making

concepts and principles of merits and judicial review

jurisdiction and remedies available from courts and tribunals, and the principles of standing

other administrative law avenues including information access rights and ombudsmen

the impact of human rights legislation on australian administrative law.

indicative assessment: assessment in administra-tive law includes a final examination in the end of semester examination period and usually an optional (and redeemable) essay. Students should check the course outline for their particular class for further information about the means of assessment, includ-ing the relationship between the assessment and the learning outcomes of the course.

Preliminary reading: any preliminary reading will be set out in the course outline for each class.

Prescribed text: Peter cane and leighton McDonald, Principles of Administrative Law: Legal Regulation of Governance (oxford university Press, 2008) and Peter cane and leighton McDonald, Cases and Materials for Principles of Administrative Law (oxford uni-versity Press, 2009) (available as a ‘pack’ ISBn: 9780195566390).

laWs1205 australian PubliC laW

compulsory, 6 units

academic Contact: James Stellios, Semester 1, Dominique Dalla-Pozza, Semester 2

offered: Semester 1 and Semester 2, (single degree students only)

Workload: for the first six weeks, there will be one two-hour and one one-hour lecture. Tutorials will begin in the seventh week, taking the place of the one-hour lecture for the next six weeks. Students are generally expected to devote at least 10 hours overall per week to this course.

Prerequisites: none.

assumed knowledge and required skills: It will be useful for students to follow domestic political developments during the course, such as where there is an election or change in leadership of a major party, a high profile parliamentary inquiry or debate (eg around proposed legislation, the behav-iour of members, or the scrutiny of the executive) or a controversial matter before the courts.

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Course Description: This course examines the structure and themes of australian public law, pro-viding a bridge to all other public law study in the curriculum. In essence, the course examines how public power is structured, distributed, and con-trolled in australia. The distinctive roles played by the legislature, the executive and the judiciary receive special attention. Subsidiary themes in the course are protection of individual rights in the australian legal system, and constitutional change and evolution in australia. The following topics will be covered:

the constitutional and legislative framework for australian public law

major concepts and themes in australian public law, including federalism, separation of powers, constitutionalism, representative democracy, rule of law, and liberalism

the legislature, including the structure of australian legislatures, parliamentary supremacy, and express and implied constitutional limitations on legislative power

the executive, including the structure of executive government, executive power, and liability of the crown

the Judiciary, including the constitutional separation of judicial power, and the administrative law implications of judicial separation

constitutional change and evolution, including constitutional amendment.

indicative assessment: The provisional scheme of assessment involves a compulsory examination at the end of the semester worth 60% or 100% of the final mark; and a optional, redeemable, research essay (2000 words) worth 40% of the final mark.

The proposed assessment aims to develop and test the full range of skills upon which the course is intended to draw. assessment by formal examina-tion tests the breadth of students’ knowledge of the course content and develops skills in problem-solv-ing, critical analysis, and persuasion. The optional essay provides an opportunity for students to hone research skills and engage in deeper thinking about themes and issues encountered in the course.

Preliminary reading: The preliminary reading required for this course will be available from the course home page at least one week prior to the commencement of the course.

Prescribed text: Information about prescribed texts will be made available in the course outline. See the course home page.

other information: This course together with commonwealth constitutional law, covers the essentials of australian constitutional law. at the same time this course builds on foundations of australian law, particularly the reception of law in australia and the historical evolution of responsi-ble and representative government, and also serves as an introduction to administrative law and to a number of the courses in the elective program. It must be taken early in the law degree.

laWs2202 CoMMonWealth Constitutional laW

compulsory, 6 units

academic Contact: James Stellios

offered: Semester 2

Workload: There will generally be four hours of lectures per week. In some weeks, there will also be a one hour tutorial. Students are generally expected to devote approximately 10 hours overall per week to this course.

Prerequisites: australian Public law lawS1205.


Course Description: Building on previous public law studies, particularly australian Public law, this course aims to deepen student understanding of key aspects of the commonwealth constitution and its judicial interpretation by the High court. Particular attention will be paid to the historical, social and institutional forces which have helped shape the constitution and the High court’s read-ing of it. The course includes:

the historical, social and institutional context of australian constitutional law;

the scope of commonwealth legislative power, including a detailed examination of the trade


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and commerce power (s 51(i)), the corporations power (s 51(xx)) and the external affairs power (s 51(xxix)); the process of characterisation and the principle in the Communist Party Case;

inconsistency between commonwealth and State laws (s 109);

federal financial powers and economic union;

general principles and theories of interpretation; the engineers case and implied intergovernmental immunities;

an introduction to implied constitutional ‘rights’, focusing on implications from representative government;

the nature of judicial review and the role of the High court.

indicative assessment: It is anticipated that this course will be assessed by a compulsory end of semester exam and some form of mid-semester assessment. Details of the final assessment, including the relationship between assessment and the learn-ing outcomes for the course, will be provided on the course home page by the first week of semester.


other information: This course is normally taken in the third year of a combined degree.

laWs1204 ContraCts

compulsory, 6 units

academic Contact: Daniel fitzpatrick, Semester 1, alex Bruce, Semester 2

offered: Semester 1 (single degree students only) and Semester 2

Workload: The workload for this course will be 4 hours each week. There will be 2 two-hour lectures for the first 2 weeks of the semester. from week 3, 1 of the two-hour lectures will be replaced with a 1 hour lecture and a 1 hour tutorial. Students are expected to devote approximately 10 hours per week, including class time, to this subject.


Course Description: The contracts course is one of the foundation subjects in the law program and examines a central aspect of the law of obligations. The evolution of contract, its central role in a mar-ket economy and the criteria for making legally enforceable promissory obligations are explored before embarking on the requirements for the formation of contract. The content of agreements and the associated rules and doctrines for ascer-taining the meaning and scope of the obligations expressly or impliedly undertaken by the parties is discussed.

The course deals with breach and its consequences, including a discussion of the common law and equi-table remedies. The invasion of contract by new rules, in particular estoppel and the prohibition on misleading or deceptive conduct, makes it clear that the commercial relationship is multi-faceted and that the study of contract law ranges more widely than the traditional rules. equitable doctrines, such as duress, undue influence and unconscionability, that can provide grounds for avoiding contractual commitment, are also examined. By the end of the course students should have an understanding of contract law as a building block for many other subsequent courses in the law degree.

indicative assessment: The assessment for this course will involve a compulsory piece of written assessment during the semester, a final exam in the examination period and continuous assessment for class participation in tutorials. Tutorial attendance is compulsory and marks will be deducted for fail-ing to attend more than two tutorials during the semester. More information about the means of assessment and the relationship of the assess-ment to the learning outcomes of the course will be available on the course home page by the first week of semester.

Preliminary reading: The preliminary reading required for this course will be available from the course home page at least 1 week prior to the com-mencement of the course.

other information: This course is taken in the second semester of first year for all combined degree students. Students undertaking llB(g), JD or non-combined llB will study contracts in the first semester of first year.

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laWs1206 CriMinal laW anD ProCeDure

compulsory, 6 units

academic Contact: Miriam gani

offered: Semester 1

Workload: There will be 3 hours of lecture time per week supplemented by a 1 hour compulsory tutorial which will run in 10 of the 13 weeks of the course. a further 6 plus hours of private study is expected per week in order to review required reading and to prepare for tutorials.


assumed knowledge and required skills: none.

Course Description: This course introduces stu-dents both to the sources of law which define general principles of criminal responsibility, and to a selection of substantive criminal offences and criminal defences as well as to criminal pro-cedure. The substantive offences include assault, sexual assault, murder, manslaughter, and prop-erty offences, whilst the criminal defences include provocation and self-defence. Students will be exposed to both common law sources as well as legislation and criminal codes where relevant. Basic legal theories of the criminal law will also be intro-duced. The lecture program will be supported by problem-solving tutorials aimed at enabling stu-dents to give legal advice as to criminal liability and the resolution of procedural problems.

indicative assessment: a mid-semester problem-based assignment and an exam at the end of the course.

Preliminary reading: none. consult course out-line for week 1 reading.

Prescribed text: currently S Bronitt and B McSh-erry, Principles of Criminal Law (2nd edition, lawBookco, 2005). Students should note that a new edition may become available before Semester 1 2010.

laWs2203 CorPorations laW

compulsory, 6 units

academic Contact: Kath Hall

offered: Semester 1

Workload: This course involves two two-hour lectures per week for the first seven weeks of the course. from week eight until week thirteen, stu-dents will also need to attend a one hour tutorial. However, during this time lectures shall reduce to one two-hour and one one-hour lecture per week.

Prerequisites: contracts lawS1204.


Course Description: This course imparts an under-standing of australian corporate law. The course is structured to meet the admission requirements for practice as a legal practitioner in the australian States and Territories. The following topics will be covered:

incorporation and the concept of separate legal personality;

the corporate constitution;

membership of the corporation and share capital

corporate contracting;

duties and liabilities of directors and officers;

basic features of the management of companies;

shareholders’ remedies;

company credit and security arrangements;

winding up.

indicative assessment: The assessment for this course will comprise an optional mid-semester assessment (either a case analysis or research essay) and a compulsory end of semester exam. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.


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other information: This course is a prerequisite for Takeovers and Securities Industry law and Bankruptcy and Insolvency. corporations law is normally taken in either third or fourth year of a combined degree.

laWs2205 eQuity anD trusts

compulsory, 6 units

academic Contact: Pauline Ridge

offered: Semester 2

Workload: There will be three hours of lectures each week. There will be weekly tutorials; students should check the course home page for the com-mencement date of tutorials. Students are generally expected to devote approximately 10 hours overall per week to this course.

Prerequisites: Property lawS2204


Course Description: The objective of the course is to provide students with an overall understand-ing of the law of equity with special emphasis on fiduciary obligations, trusts, equitable assignment of property and equitable remedies. The course will consider the history of equity, basic principles which dominate its jurisprudence and the relevance of equity today; the nature of fiduciary obligations, recognised categories of fiduciaries and the exten-sion of these categories in recent times, breach of fiduciary obligations, defences and remedies for the breach of fiduciary obligations; the nature and changing function of trusts, the requirements for express trusts, the duties, powers, rights and liabili-ties of trustees and beneficiaries and how express trusts are administered; resulting trusts, construc-tive trusts, the liability of a third party to a breach of trust or fiduciary duty, and the equitable pro-prietary and personal remedies for breach of trust and fiduciary duty, including tracing. The course then shifts its focus to equity more generally by considering the equitable rules for assignment of

property and the remedies of specific performance, injunctions, and damages under lord cairns’ act.

indicative assessment: The assessment for this course will include two compulsory examinations: one a mid-semester and one at the end of semester. In addition, there will be an optional essay. There will also be a tutorial assessment component.


other information: This course assumes a knowl-edge of contract, property and legal history. The subject reinforces and deepens understanding of specific doctrines referred to in other courses such as contracts, Property, corporations law and fam-ily law.

laWs2207 eviDenCe

compulsory, 6 units

academic Contact: gregor urbas

offered: Summer Session, 2010 and Semester 2

Workload: The standard course in Semester 2 involves 3 hours of lectures per week plus 1 tutorial per week for 10 weeks.

The Summer Semester version delivers the same number of lectures over a period of 3-4 weeks with 1 tutorial per week during this period.

Prerequisites: Torts lawS1203 and criminal law and Procedure lawS1206.


Course Description: This course covers impor-tant aspects of fact-finding and the adducing and admissibility of evidence in legal proceedings. The course is structured to meet the admission require-ments for practice as a legal practitioner in the australian States and Territories. Particular topics include:

investigation and organisation of factual material;

adducing evidence in court;

testimonial, real and documentary evidence;

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examination, cross-examination and re-examination of witnesses;

burden and standard of proof;

relevance of evidence to facts in issue;

admissibility rules (e.g. credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions;

privileges;

judicial discretions and conduct of proceedings.

The course will be based on the evidence law; com-prising the evidence act 1995 (cth), which applies in proceedings in federal and acT courts, along with counterpart legislation in new South wales, Tasmania and norfolk Island. The course also makes reference to law reform perspectives such as the recent australian law Reform commission report on uniform evidence law (alRc 102).

The course is designed to be taken towards the end of the degree. The study of evidence is required for admission to legal practice.

indicative assessment: The assessment for this course will involve two compulsory examinations: one at mid-semester and one at the end of semester.

More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.

Preliminary reading: The assessment for this course will involve two compulsory examinations: one at mid-semester and one at the end of semester.


Prescribed text: The most recent edition of the following text will be used in the course:

S odgers, Uniform Evidence Law, Thomson Reuters.

laWs1201 FounDations oF australian laW

compulsory, 6 units

academic Contact: Judith Jones, Semester 1, Miriam gani, Semester 2

offered: Semester 1 and Semester 2

Workload: a two-hour seminar each week, four one-hour research skills tutorials and a mixture of lecture and other learning activities delivered live and/or in a variety of flexible formats (equivalent to a further hour per week).

Prerequisites: none. This course must be taken in the commencing semester of a student’s llB or JD enrolment.

Course Description: This course must be taken in the commencing semester of a student’s llB or JD enrolment. Students commencing their legal studies in Semester one are expected to undertake foundations of australian law with lawS1203 Torts. Students commencing their legal studies in Semester Two are expected to undertake founda-tions of australian law with lawS1204 contracts. This is because the content in the relevant compan-ion course is utilised in various ways in foundations of australian law.

foundations of australian law is designed to lay the groundwork for the remainder of students’ legal studies. In particular, the course aims to assist students to develop a range of legal skills that are essential for successful legal studies and for pro-fessional practice. Students learn the essential skills that enable them to engage with and utilise our principal sources of law – case law and legislation. In addition to teaching students how to analyse case law and legislation in order to formulate legal arguments the course also covers the legal princi-ples of statutory interpretation and the role of the courts in interpreting statutes.

To set the context for these sources of australian law, the course also seeks to familiarise students with (1) some of the fundamental features of the legal institutions that generate laws (the courts and the parliament) (2) sources of australian law in addition to case law and legislation (including the australian constitution, customary law and


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international law), and (3) the historical and social forces that have shaped and continue to shape the law-making process and the legal system.

indicative assessment: The assessment for this course will include skills-based exercises and assignments during semester followed by a final examination. Details of the final assessment will be provided on the course home page by the first week of semester.

Preliminary reading: none.

Prescribed text: Please refer to lawS1201 course home page.

laWs2250 international laW

compulsory, 6 units

academic Contact: Don Rothwell

offered: Semester 2

Workload: In weeks 1-2 there will be 1 x two hour lecture and 1 x one hour lecture. In weeks 3-4 there will 1 x two hour lecture and 1 x one hour library tutorial. In weeks 5-13 there will be 1 x two hour lecture and 1 x one hour tutorial. Students will generally need to devote about 10 hours on aver-age per week to this course.

Prerequisites: lawS1205 australian Public law.


Course Description: This course deals with the body of law known as International law or some-times ‘Public International law’, as distinct from ‘Private International law’. The field of International law deals with many aspects of the function-ing of the international community (including the relations of States with each other and with international organisations); it also affects many activities that occur within or across State bound-aries (including the treatment by States of their citizens, environmental law, international trade and many other areas). The impact of international law on the australian legal system and the glo-balised nature of many governmental, judicial and social activities means that a basic knowledge of the terminology, institutions, and substance of international law is not only worthwhile acquiring

in its own right, but is also a necessary part of the knowledge and skills of any law graduate.

indicative assessment: The proposed means of assessment for this course will provide students with the opportunity of undertaking at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.



other information: This course offers a significant foundational framework for the study of: Interna-tional criminal law, law of the Sea, International Dispute Resolution, International environmental law, International Human Rights law, International Trade law, and any other specialised international law unit, and provides the substantial ground-ing needed for participation in the Jessup Moot lawS3010.

laWs1202 laWyers JustiCe anD ethiCs

compulsory, 6 units

academic Contact: Simon Rice

offered: Semester 2

Workload: The course is taught for three hours each week over a semester, in a mixture of lectures, seminars and tutorials. There is a minimum attend-ance requirement for seminars and tutorials, and marks are deducted for failure to attend.

Prerequisites: none

recommended: Students may find it easier to comprehend the concepts discussed in this course if they have successfully completed lawS1201 foundations of law. examples and case studies in

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lJe will draw on material from foundations of law and Torts, and new material.

incompatible: law in context.

Course Description: This course (‘lJe’) is designed to build on the learning outcomes of lawS1201 foundations of law in two significant ways. first, within the framework of the australian legal sys-tem studied in lawS1201, lJe examines

the role of lawyers (who they are, what they do, how they do it)

how people have access to lawyers – especially for court proceedings – and

the ethical duties that lawyers are subject to.

Secondly, building on the skills component of lawS1201, lJe teaches further skills necessary for effective legal study such as writing and presenta-tion.

Indicative assessment: The assessment for lJe will include skills-based exercises and an assignment during semester, and a final examination.

Details of the final assessment will be provided on the course home page by the first week of semester.

Prescribed Text: Please refer to lawS1202 course home page shortly before semester begins.

laWs2249 leGal theory

compulsory, 6 units

academic Contact: Tony connolly

offered: Semester 2

Workload: every week there will be two one-hour lectures and a one-hour tutorial. Students are expected to devote approximately ten hours over-all per week to this course.

Prerequisites: completed or completing five lawS courses at 1000 level.

assumed knowledge and required skills: This course presupposes that students have some legal knowledge through the study of a central area of law, such as torts or constitutional law. It does not assume that you have knowledge or skills in phi-losophy, political theory, economics or other social sciences – though any such knowledge and skills may be of assistance in undertaking this course.

Course Description: This course explores a number of important theoretical issues concerning law. These issues include the nature and function of law in modern societies, the nature of citizens’ obliga-tions under law, the nature of legal reasoning and the interpretation of legal texts, the relationship between law, power, justice and democracy and the capacity of the law to provide for gender, cultural and other forms of difference. The course proceeds by way of a critical examination of the leading con-temporary schools of thought about law and legal issues. In the course of this examination, specific attention may be paid to the perspectives of these schools on such topical issues as civil disobedience, freedom of speech and indigenous sovereignty. This course explores a number of important theo-retical issues concerning law. These issues include the nature and function of law in modern socie-ties, the nature of citizens’ obligations under law, the nature of legal reasoning and the interpreta-tion of legal texts, the relationship between law, power, justice and democracy and the capacity of the law to provide for gender, cultural and other forms of difference. The course proceeds by way of a critical examination of the leading contemporary schools of thought about law and legal issues. In the course of this examination, specific attention may be paid to the perspectives of these schools on such topical issues as civil disobedience, freedom of speech and indigenous sovereignty.

indicative assessment: examination (closed book), 2 questions, 2 hours – 60 per cent.

essay (1200 words) based on seminar presentation – 20 per cent.

Seminar presentation (5-10 minutes) and discussion of presentation – 10 per cent.

Seminar attendance and participation – 10 per cent.

Preliminary reading: Hart, Hla (1961) The Concept of Law (chapter 1); Bix, B (2006) – Juris-prudence: Theory and Context (4th ed) (chapters 1 and 2).

Prescribed text: The course is generally based on a two volume reading brick containing relevant articles and book extracts.


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laWs2244 litiGation anD DisPute ManaGeMent

compulsory, 6 units

academic Contact: Peta Spender

offered: Semester 1

Workload: four hours per week

Prerequisites: Torts lawS1203 and contracts lawS1204.


Course Description: This course is an introduction to dispute resolution focussing upon mediation and civil litigation. The course will examine dispute resolution within and outside the legal system and will explore litigation via the principles of civil pro-cedure. The interlocutory steps in civil litigation will be analysed alongside the strategies adopted by lawyers in the conduct of litigation. The course is structured to meet the requirements for admis-sion as a legal practitioner in the australian States and Territories but also provides opportunities for critical appraisal of litigation policy and practice.

Topics to be covered include:

access to justice;

the importance of process;

mediation procedures;

confidentiality and power imbalances in dispute resolution;

when and how to commence proceedings in court;

class actions;

urgent applications;

gathering evidence.

indicative assessment: The proposed means of assessment for this course will provide students with the option of undertaking at least two pieces of assessment, including one piece during the semester.



other information: This course is best undertaken by students later in their degree. In particular, students will benefit from an understanding of corporations law.

laWs2204 ProPerty

compulsory, 6 units

academic Contact: wayne Morgan

offered: Semester 1

Workload: for the first seven weeks of the course, there will be 4 hours of lectures per week. from weeks 8 to 13, there will be 3 hours of lectures and 1 hour of tutorials. Students are generally expected to devote approximately 10 hours overall per week to this course



Course Description: This course provides an overview of the law governing personal and real property, emphasising the concepts of possession and title, the fragmentation of proprietary inter-ests, and the various ways in which common law and legislation resolve disputes between com-peting interests. The greater part of the course is devoted to the creation, acquisition, attributes and remedies for the protection of interests in real property (land). The course covers legal and equi-table interests in land, the acquisition and transfer of such interests by purchase and adverse posses-sion, priority rules, leases, mortgages, easements, and concurrent ownership. Particular attention is paid to the Torrens system of registration of title.

indicative assessment: The proposed means of assessment for this course will provide stu-dents with the option of undertaking at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.

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other information: Property assumes a sound grasp of contract principles and remedies. equity and Trusts is a compulsory course which follows on from Property. elective courses which deal further with personal property are commercial law and Intellectual Property. Succession, environmental law and Indigenous australians and the law build on principles established in Property.

Property is not a course in conveyancing, which is covered in Practical legal Training courses.

laWs1203 tortscompulsory, 6 units

academic Contact: cameron Roles

offered: Semester 1

Workload: In the first two weeks of the semester there will be four hours of large group classes per week. from the third week of semester there will be three hours of large group classes and one hour-long tutorial per week. In addition, students will be expected to read in advance of classes, to prepare any tasks indicated during class, and to prepare preliminary answers to tutorial questions. Students are generally expected to devote approximately 10 hours overall per week to this course, with addi-tional hours needed in the lead-up to assessment tasks. Students often report that reading takes them longer than this at the beginning of semester, as they are just developing their skills.

assumed knowledge and required skills: Teachers in this course do noT assume that you have done a legal Studies course at school, and you will noT be at a disadvantage if you have not done such a course. as with all your law courses, it will be important that you have good written com-munication skills in english, and students who have not done language-rich courses in english in years 11 and 12, must expect to do some extra work to bring their skills up to the required standard. The

anu’s academic Skills and learning centre pro-vides courses to help you.

Corequisites: foundations of australian law lawS1201.

Course Description: when a person has been harmed by the conduct of another it is the law of torts which determines who has to bear the loss. This is an important aspect of the civil law (in con-trast to criminal law). It derives largely from judicial decisions, and hence is largely what we call common law (although legislation is of increasing signifi-cance). The law of torts protects people against, and compensates them for, unreasonable interfer-ences with a wide range of interests, including their bodily integrity, property, reputation, and financial interests. It does this through a range of different torts, including trespass, negligence, nuisance and defamation. In this basic and introductory course we will focus on the use of the torts of trespass and negligence in contexts where people suffer personal injuries. we will also look at the tort of trespass to land. we will focus on the common law and relevant acT legislation (in particular the Civil Law (Wrongs) Act 2002 (acT)).

as this is generally the first substantive law course that students encounter in their law program, we will also begin to teach students some of the basic skills which you will need – in particular, to read, understand and apply case law and legislation. we will also explore in a basic way the interaction between case law and legislation.

indicative assessment: The assessment for this course will involve two compulsory examinations: one at mid-semester and one at the end of semes-ter. attendance at tutorials will be compulsory, with 5 per cent of marks deducted for failure to attend at least eight out of ten tutorials. Details of the final assessment will be provided on the course home page by the first week of semester.

Prescribed text: Please refer to lawS1203 course home page. It is likely that the prescribed text for 2010 will be luntz, Hambly, Burns, Dietrich, foster, Torts Cases and Commentary (6th ed, 2009) (which was the prescribed text in 2009).


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ELECTIVE COURSES

laWs2264 aDvanCeD international laW

elective, 6 units

academic Contact: Sarah Heathcote

offered: Semester 2

Workload: Three hours per week

Prerequisites: lawS2250 International law.


Course Description: This course is a follow-up to the compulsory International law course (lawS2250).

It is intended to round out the coverage of ‘general’ public international law by focusing on those areas not (or only partially) dealt with in the compulsory course. It consists of three inter-related modules.

at this stage, it is anticipated that the course will cover:

state responsibility

state immunity, Heads of State (and other high officials) immunities, consular and diplomatic immunities

counter-terrorism and international law.

indicative assessment: Details of the final assess-ment will be provided on the course home page by the first week of semester.


laWs2273 australian leGal history

elective, 6 units

academic Contact: Judith Jones

offered: Semester 2


Course Description: This course is a new course for 2009. The course aims to introduce students to central questions and themes in australian legal

history. It will consider important questions relat-ing to historical events and legal developments in australia from 1788 to the end of the twentieth century. The course also aims to further develop students’ research and essay writing skills. with a significant guided research and writing component, it is a course that is suitable preparation for stu-dents who are planning to undertake the research paper for Honours. Students will be required to write a research essay and will be encouraged to choose a topic relating to their own interests in australian legal history.

The proposed topics for class discussion include sovereignty, colonial rule, the reception of eng-lish law and the early colonial courts. This will be followed by consideration of the journey from repugnance to independence including exami-nation of uniquely australian colonial legislation and related laws of the nineteenth century. con-sideration of the limitations of colonial law when responding to frontier violence and rebellion dur-ing this period will enable examination, from a legal perspective, of some focal events such as the Rum Rebellion, the Myall creek massacre, the eureka stockade and the trial of ned Kelly. The course will also examine early australian environ-mental laws and natural resource use that have shaped the landscape and the exploitation of the natural environment of the australian conti-nent. Moving towards the twentieth century, the course will consider pathways to federation and influences that shaped our constitution and legal institutions. This will be followed by examination of the australian High court in the twentieth century, including patterns of australian doctrinal development, deference to the english courts, the role of the Privy council and the influence of a selection of significant english cases on austral-ian law. The australian notion of the separation of powers will be examined in an historical con-text. finally, consideration of some more recent legally and historically significant events, such the chamberlain case, legal independence through the australia acts 1986 and reflections on Mabo, will complete the course.

at the conclusion of this course it is expected that students will be able to:

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demonstrate a thorough knowledge and understanding of central themes and questions relating to australian legal history

formulate oral and written arguments in response to questions about aspects of australian legal history

analyse a selection of primary historical and legal source material (copies of source material provided as part of course materials)

formulate a research proposal for a research essay

utilise legal data bases and other reference sources to research case law, legislation, scholarly journal articles and relevant historical materials

devise, focus and manage a research and writing project in the field of australian legal history

consistently and accurately use legal citation conventions in the course of legal writing.

indicative assessment: In this course students will complete a research proposal and a research essay (approx 3000 words in length) worth 50% of the assessment and a final examination (essay questions) also worth 50% of the assessment for the course.

Prescribed text: Materials will be made available in reading brick and on-line format.

laWs2209 bankruPtCy anD insolvenCy

elective, 6 units

academic Contact: craig collins

offered: Semester 2


Prerequisites: corporations law lawS2203.


Course Description: This course introduces students to the law of personal bankruptcy in aus-tralia and further develops the law of corporate insolvency – as broadly introduced in the prerequi-site course, corporations law. while understanding

legal terminology, concepts, doctrine and processes are all vital to grasping and applying bankruptcy and insolvency laws, the course also seeks to frame those aspects in a wider historical, social, economic and policy context.

The course begins with an overview of debtor-creditor relations and the pre-insolvency context. Beyond this introductory phase, the course is broadly divided into two blocks, focusing initially upon personal bankruptcy – with attention directed to the Bankruptcy act 1966 (cth) – and then cor-porate insolvency – focusing upon Part 5 of the corporations act 2001 (cth).

The course will be of interest to a variety of stu-dents. The global financial crisis has generated tremendous activity and many opportunities in this field of law, as well as public pressure for reforming the law. Bankruptcy & Insolvency is a key area of specialised or general legal practice in firms of all sizes and locations. Many issues within this field overlap with a range of other fields such as: contracts, torts, property, equity and trusts, succession, constitutional, criminal, litigation and dispute management, evidence, commercial law, corporate law, banking & finance, taxation, admin-istrative law, consumer protection, employment and family law. The course may also be of particular interest to students undertaking combined degrees or having experience or employment aspirations in business, commerce, public policy or the commu-nity law sector – and, indeed, to anyone else with an over-extended credit card.



This is a commercial law elective course, therefore, commercial law, Banking and finance, and Prop-erty will all be helpful. However, the course will be taught with no assumption of having taken these courses.


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laWs2274 CliMate laW

elective, 6 units

academic Contact: James Prest

offered: Semester 2


Course Description: This course provides an over-view of the rapidly developing field of domestic and international climate law. It examines the cur-rent state of the law. It also offers opportunities to critically discuss the legal and policy issues linked with the future course of climate law, both domes-tically and internationally. although the emphasis is on domestic australian climate law (in order to avoid overlap with international environmental law (lawS2253)), the course will provide oppor-tunities for comparative analysis of the emerging law within other jurisdictions including eu and eu member states, uSa, canada, nZ and Japan.

at the conclusion of this course, students should be able to:

show familiarity with fundamental terminology of international and domestic climate law;

demonstrate an understanding of the core components of international climate law;

demonstrate an understanding of the main options for domestic climate law;

explain the interaction between different policy and legal instruments within australian domestic climate law;

demonstrate an ability to apply the emerging principles of climate law from relevant cases and statutes to a given set of hypothetical facts, and to present an argument;

comment critically on the outcome and reasoning in cases studied during the course and identify the considerations of policy evident within them;

demonstrate an ability to research and write in detail about specific issues within the field of climate law by critically analysing relevant primary and secondary materials; and

show familiarity with on-line and traditional sources concerning both international and domestic climate law.

indicative assessment: The proposed means of assessment for this course will involve:

a mid-semester research note on a key statute or case, key document or report – 15%

mid semester short answer test – 25%

research essay (on a topic of the student’s choice) – 40%

seminar presentation (10 minutes), course attendance and participation – 10%

More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course will be available on the course home page by the first week of semester.

Preliminary reading: Bonyhady & christoff (eds) ‘Climate Law in Australia’ (federation Press 2007)

The Garnaut Review (cambridge university Press 2008)

United Nations Framework Convention on Climate Change

Kyoto Protocol to unfccc

Yamin and Depledge ‘The International Climate Change Regime: A guide to rules, institutions and procedures’ (cambridge Press 2004)


laWs2267 CliniCal youth laW ProGraM

elective, 6 units

academic Contact: Judy Harrison


Workload: Students undertake a compulsory 2 day orientation at the start of the course, undertake on site work for one afternoon a week through out the course and attend a workshop once a week. The workshop times vary between 1 and 2 hours but one workshop is for a full morning. Students also

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undertake a research project which they present at a presentation session.

Students are generally expected to devote approxi-mately 8 hours per week to this course.

Prerequisites: completion of 48 units of law courses.

(This course is capped at 10 students)

assumed knowledge and required skills: This course does not assume that you have particular legal knowledge, experience or skills. However, knowledge from other law courses, any legal expe-rience which you do have as well as interpersonal and work related skills will be useful to you in this course.

recommended: It would be helpful but not com-pulsory for students to have completed Torts, contracts, criminal law, family law and adminis-trative law before commencing this course.

Course Description: The clinical Youth law Program is an elective course. Students who have completed 48 units of lawS courses are eligible to enrol and places are allocated by date of application.

This is a clinical program based in a community legal practice environment. Students participate in the Youth law centre, a non-profit legal service for acT youth aged 12-25 years. while analysing the various roles that lawyers can play, students will focus on extending legal assistance, social justice and reform – particularly in relation to youth legal needs in the acT.

The course objectives are to:

contextualise the study of law and student learning in a wide range of other law courses

guide and support students in identifying, developing and applying ethical legal practice skills

develop students’ critical understanding of legal practice approaches, the roles of lawyers in relation to individual clients and social justice issues

encourage, promote and validate student aspirations to promote access to justice and equality before the law.

The course also explores issues such as:

the concept of ‘reflective practice’

the links between the legal framework of legal practice and operating routines that apply to provision of all legal services (duties to client, confidentiality, conflict of interest)

legal and non-legal problems – implications for practice/service provision of an appreciation of the relevant services and the meshing of non-legal issues

interviewing routine – difference between legal information and legal advice

legal practice approaches – ‘reactive’, ‘proactive’, ‘preventative’, ‘activist’

tailoring service models to client needs.

indicative assessment: The assessment for this course will involve evaluation of the student’s on site work at the Youth law centre, seminar par-ticipation and a research project which involves preparation and presentation of a paper.


Preliminary reading: The preliminary reading required for this course will be available through the webcT area for the course at least one week prior to the commencement of the course.


laWs2210 CoMMerCial laW

elective, 6 units

academic Contact: Keturah whitford

offered: Semester 1

Workload: The contact hours for this course will be 3 hours each week. There will be a 2 hour lec-ture and a 1 hour lecture for the first 2 weeks of the semester. from week 3, the 1 hour lecture will be replaced with a 1 hour tutorial. Students are


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expected to devote approximately 10 hours per week, including class time, to this subject.



Corequisites: Property lawS2204

Course Description: commercial law aims to provide students with a grounding in the law applicable to common commercial transactions. commercial law builds upon the principles studied in contracts by examining the regulatory frame-work that impacts upon contracts entered into by parties in both a commercial and consumer con-text. Many common commercial and consumer contracts involve personal property and the course will also examine the framework for the regula-tion of interests in personal property. The subject may also involve a selection of the following topic areas:

agency

Sale of goods

International sale of goods

Insurance

Property security

Bailment

indicative assessment: The assessment for this course will involve a compulsory piece of written assessment during the semester, a final exam in the examination period and continuous assessment for class participation in tutorials. Tutorial attendance is compulsory and marks will be deducted for fail-ing to attend more than two tutorials during the semester. More information about the means of assessment and the relationship of the assess-ment to the learning outcomes of the course will be available on the course home page by the first week of semester.



This course provides essential background for advanced commercial law courses.

laWs2268 CoMMunity laW CliniCal ProGraM

elective, 12 units

academic Contact: Judy Harrison


Workload: Students undertake a compulsory 2 day orientation at the start of the course, undertake on site work for two full days through out the course and attend a three hour workshop once a week. Stu-dents also undertake a research project which they present at a presentation session.

Students are generally expected to devote approxi-mately 20 hours per week to this course.

Prerequisites: completion of 48 units of lawS courses including lawS2201 administrative law and lawS2204 Property.

This course is capped at 6 students.

assumed Knowledge and Required Skills: Students who have completed 48 units of lawS courses including lawS2201 administrative law and lawS2204 Property are eligible to enrol. However, knowledge from other law courses, any legal expe-rience which you do have as well as interpersonal and work related skills will be useful to you in this course. Places are allocated by date of application.Recommended: The course prerequisites are noted above. It would be helpful but not compulsory for students to have completed criminal law and law Reform before commencing this course.

course Description: The community law clinical Program is a 12 unit elective course.

This is a clinical program based in a community legal practice environment. During the course stu-dents work for two full days a week at the welfare Rights and legal centre where they provide legal information and undertake casework under the supervision of solicitors.

The course objectives are to:

contextualise the study of law and student learning in a wide range of other law courses

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guide and support students in identifying, developing and applying ethical legal practice skills

develop students’ critical understanding of legal practice approaches, the roles of lawyers in relation to individual clients and social justice issues

encourage, promote and validate student aspirations to promote access to justice and equality before the law.

course topics include:

introduction to public interest law

professional responsibilities

legal practice skills – legal writing, interviewing, casework skills, advising

substantive law in relation to tenancy, Social Security and Disability Discrimination

law Reform.

indicative assessment: The assessment for this course will involve evaluation of the student’s on site work at the welfare Rights and legal centre for two days per week, seminar participation and a research project which involves preparation and presentation of a paper.


Preliminary reading: The preliminary reading required for this course will be available through the webcT area for the course at least one week prior to the commencement of the course.


laWs2272 CoMParative laW

elective, 6 units

academic Contact: anne Mcnaughton

offered: Summer Session

Workload: The contact hours for this course will be the equivalent of 3 hours each week. This course will be taught intensively in the summer school. Students are expected to devote the equivalent of approximately 10 hours per week, including class time, to this subject.



Course Description: The aim of this course is to introduce students to the field of comparative law. The course will be divided into two parts. Part 1 will consist of an introduction to comparative law covering topics such as:

theory and history of comparative law

the continental civil law and common law approaches to comparative law

the role and significance of Roman law and civil law

the common law families

19th century codification movements in both civil law and common law systems

the emergence of hybrid systems of law melding civil law and common law traditions, such as the eu law and Japanese law, and systems which incorporate religious law (Shariah)

the actual and perceived differences between adversarial and inquisitorial systems of law.

Part 2 will focus on three comparative case studies from a range of fields. The topics here are indica-tive as the case studies offered each year would depend on the profile of the staff involved:

comparative criminal law – comparative counter terrorism law; use of force; scope of self defence and necessity; codification projects

comparative contract law – division between contract, tort and equity; the role of good faith and unfairness doctrines; comparison of causa and consideration in french and german law codified systems

comparative Public and constitutional law – different traditions of public law; bills of rights; judicial review


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comparative environmental law – the evolution of environmental law in different legal traditions, role of standing and class actions; the german contribution to the precautionary principle.

indicative assessment: The assessment for this course will involve two research essays, one relating to Part 1 and one relating to Part 2 of the course. More information about the means of assessment and the relationship of the assessment to the learn-ing outcomes of the course will be available on the course home page the week before the beginning of the course.

Preliminary reading: The preliminary reading required for this course will be available from the course home page at least 1 week prior to the com-mencement of the course.

Prescribed text: Please refer to the course outline on the lawS2272 course home page.

laWs2212 ConFliCt oF laWs

elective, 6 units

not offered in 2010

later year Course

Prerequisites: none. completed or completing five lawS courses at 1000 level.

laWs2259 ConsuMer ProteCtion anD ProDuCt liability laW

elective, 6 units

academic Contact: alex Bruce

offered: Semester 1

Workload: Three hours per week.


Course Description: The Trade Practices Act 1974 (Cth) (‘the TPa’) is the principal source of consumer protection and product liability laws at federal level. Increasingly, the TPa is being employed at federal level as the principal method of providing for consumer protection through the elimination of unfair trading practices and the regulation of product safety. The consumer Protection and

Product liability provisions of the TPa contribute significantly to australia’s dynamic national com-petition Policy.

accordingly, the object of this elective is to introduce the consumer Protection and Product liability pro-visions of the TPa. This will involve a consideration of the role and function of consumer protection and product liability laws as part of australia’s national competition Policy, misleading and deceptive con-duct and its most common forms including silence, comparative advertising, passing off, sale of busi-nesses, breach of contract and franchising industry issues, various forms of false conduct, “special” areas of consumer concern such as pyramid selling and false claims for payments, conditions and war-ranties implied into consumer contracts by the TPa including the status of ‘no Refund’ policies, uncon-scionable conduct, Industry codes of conduct with an examination of the franchising industry, product liability, remedies under the TPa including damages, injunctions and other orders and enforcement of the consumer Protection and Product liability pro-visions of the TPa by the australian competition and consumer commission.

indicative assessment: The proposed means of assessment for this course will provide students with the option of undertaking at least two pieces of assessment, including one piece during the semester. Details of the final assessment will be provided on the course home page by the first week of semester.Prescribed Text: Please refer to course outline on the lawS2259 course home page.

laWs2213 ConteMPorary issues in Constitutional laW

elective, 6 units


offered: Semester 1

Prerequisites: commonwealth constitutional law lawS2202.


Course Description: This course builds upon the concepts and ideas introduced in australian Pub-lic law and commonwealth constitutional law. In

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2010, the course will focus on ch III of the con-stitution – the federal judicial system. It will look at the separation of powers, and the implications that separation has for federal, State and Territory courts; the exercise of federal jurisdiction by fed-eral, State and Territory courts and the law that is applicable when a court is exercising federal juris-diction; and the jury trial requirements of s 80.

Indicative assessment: It is anticipated that the course will be assessed by written assessment.

Prescribed text: There will be a prescribed text for this course which will be published in early 2010. Please refer to lawS2213 course home page.

laWs2214 CriMinal JustiCeelective, 6 units


offered: Semester 2


Prerequisites: lawS1206 criminal law and Pro-cedure.


Course Description: This course examines the process, institutions and contexts of criminal justice. It is designed to develop a critical under-standing of the theoretical, legal and policy issues relating to crime, punishment and the criminal process, and to introduce students to interdisci-plinary perspectives through an examination of contemporary topics in criminal justice. The course will also examine how criminal justice theory oper-ates in practice and evaluate the social impact of the criminal justice system.

The first part of the course will examine the role and place of punishment in the criminal justice system. Theoretical perspectives on criminology and criminal justice, both explanatory and nor-mative, will be evaluated. In conjunction with this part of the course, students will observe and report on criminal proceedings in the Magistrates’ and Supreme courts. The second part of the course will explore theoretical and practical legal and policy issues through an examination of a range of substantive topics, such as: policing, criminal

investigation, covert operations, electronic and other surveillance, charging and prosecution, diversionary conferencing and restorative justice, committal and trial requirements, the role of the jury, the impact of the criminal justice system on indigenous people, victims’ interests, miscarriages of justice, domestic violence, multiculturalism, sen-tencing and corrections.

indicative assessment: Details of the final assess-ment will be provided on the course home page by the first

Prescribed Text: Please refer to lawS2214 course home page.

laWs2262 Current issues in aDMinistrative laW

elective, 6 units

not offered in 2010

Prerequisites: lawS2201 administrative law.


laWs1209 enGlish in a leGal ConteXt

elective, 0 units

academic Contact: Miriam gani, Semester 1, asmi wood, Semester 2


Workload: week by week content is negotiated between the convenor and the students and is designed to address the immediate concerns of students in relation to their other first year law subjects. Typical preparation for students would involve preparing a brief case note or an answer to a tutorial problem.

Prerequisites: none. This subject is only available to first-year students whose first language is not english, or who identify themselves as indigenous students.

Course Description: The aim of this course is to assist first year law students who have english as a second language to address and overcome any issues or problems they are experiencing with their legal studies as a result of their lack of english lan-


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guage background. The course takes material from subject areas to which students are exposed in their first year of law studies (foundations of aus-tralian law, Torts, lawyers Justice and ethics and contracts) and creates activities designed both to help students to develop a cultural context for their legal studies and to acquire the practical legal skills they will need for their future study and practice. The following is an example of the kinds of issues that are addressed and skills that are practised:

how to read cases;

how to write case notes;

techniques to simplify legal writing;

how to speed up reading of cases and other material;

preparing for tutorial problems;

participating effectively in discussion groups.

Preliminary reading: none


This course runs in both first and second semes-ter. Students may enrol for two semesters and are encouraged to do so. Satisfactory participation in this course is a college requirement for consid-eration for extra time in examinations under the university’s Policy on assessment.

laWs2215 environMental laW

elective, 6 units


offered: Semester 1



Course Description: This course is concerned with the institutional arrangements and legal principles that underpin the practice of environmental and planning law.

The course examines environmental law from both theoretical and practical perspectives, taking a broad national and thematic approach. whilst it places particular emphasis on the applicable com-

monwealth, nSw and acT law, the course reviews fundamental concepts, useful tools and in sights with which to understand and critically analyse environmental law.

The course commences with an introduction to concepts relating to defining the ‘environment’, including the notion of ‘ecologically sustainable development’. It then considers environmental law in a federal system.

This is followed by consideration of the role of local and state/territory governments in the imple-mentation of environmental protection objectives through statutory land-use planning and other measures (including consideration of techniques for development control such as environmental impact assessment).

The course also covers regulatory strategies and techniques for pollution control, climate change and energy law, the enforcement of environmental protection measures (including the topics of stand-ing and access to justice), as well as environmental litigation.

indicative assessment: Mid-semester exami-nation and research essay. Details of the final assessment will be provided on the course home page by the first week of semester.


laWs2216 environMental laW eleCtive

elective, 6 units

not offered in 2010


laWs5920 eXChanGe ProGraM For laW stuDents

6 units to 24 units

later year Course


other information: Students enrol in this course when they have been approved to participate in a

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formal law exchange with one of the australian national university’s overseas exchange partners.

for information regarding law exchanges, selec-tion criteria, etc, please go to the following website: http://law.anu.edu.au/exchanges/index.asp.

for further information on academic aspects of exchanges and the necessary approvals, please con-tact Dr Jean-Pierre fonteyne, assistant Sub-Dean (International exchanges, law): [email protected]. Please note that all law students in com-bined degrees require law School approval prior to applying, even if they do not intend to study law while on exchange.

all administrative functions are handled by the anu International education office. for details on how to apply, application forms, cost estimates, and other questions of an administrative nature, please go to the following website: http://www.anu.edu.au/ieo/admissions/admission_howtoapply.html/. further information may be obtained by contacting the Ieo directly.

laWs2217 FaMily laW

elective, 6 units

academic Contact: Juliet Behrens

offered: Semester 2



Course Description: The course is designed to equip students with the theoretical and contextual material to enable them to think critically about, and to take a considered position on family law issues. It is also designed to enable students to acquire understanding of law and its contexts in relation to the following areas: marriage, nullity and dissolution; violence and abuse in families; decision-making about parenting after separation; economic aspects of marriage and relationship breakdown. Themes which run through the course (and associated questions) include:

the public/private dichotomy (to what extent and in what ways is “the family” a private sphere?)

the focus of regulation (has marriage as the benchmark of family law been replaced by parenthood?)

gender and domestic violence (how well does the family law system respond to domestic violence? are family laws and decision-making gendered?)

child-centredness (to what extent are laws, decision-making, process and research on family law child-centered?)

the form of regulation (to what extent does family law rely on discretion, principles and rules? what are the advantages and disadvantages of these various forms of regulation?)

private ordering (to what extent is family law privately ordered? what are the implications of this?).

indicative assessment: The means of assessment for this course will involve a compulsory research essay and a compulsory end of semester examina-tion.


Preliminary reading: Students should read the outline, and chapter 1 of the prescribed text before the end of the first week of term.

Prescribed text: Belinda fehlberg and Juliet Beh-rens, Australian Family Law: The Contemporary Context (ouP, 2008) and Teaching Materials (ouP, 2009) – these can be bought as a package.

This course can be taken at any stage in a degree. Students sometimes say that they find it easier to cope if they have done property.

There is a lot of feminist writing on family law, and those who have an interest in feminist legal theory and women and the law will find this course enhances their study in those areas. The course is also particularly recommended for those who are interested in social welfare and social security issues. There are also commercial aspects to the course, and links with Property, equity and Trusts and corporations law.


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laWs2218 FeMinist anD CritiCal leGal theory

elective, 6 units

not offered in 2010


laWs2219 health laW, bioethiCs anD huMan riGhts

elective, 6 units

academic Contact: Ruth Townsend

offered: Semester 2

Workload: contact Hours: Three hours per week (lectures will be taped in accordance with flexible learning policies). one hour pre-reading per lecture.


Course Description: The course examines the reg-ulation of health care in australia, involves analysis and development of moral and bioethical argument about the development of health law in australia, and addresses the principal human rights issues which arise in the practice of health care law.

The course begins with an overview of the aus-tralian health system and its constitutional and legislative framework. emphasis is placed on the concepts of medical ethics, patients’ rights and efficiency and safety in health care including health care whistleblowing. Particular topics which are covered include: confidentiality, consent, neg-ligence, accountability, health records, expert evidence, research and experimentation, organ donation, emergency treatment, intensive care, abortion, safety and cost effectiveness regulation of pharmaceuticals and new medical technologies, nanomedicine and biotechnology regulation, stem cells and medical research, new reproductive tech-nologies, and death and dying. consideration is also given to the law relating to mental health and public health, as well as the impact of international trade agreements on access to essential medicines and australia’s Pharmaceutical Benefits Scheme.

indicative assessment: Draft academic article (essay) (2000 words) or participation in a medico-

legal moot in the acT Supreme court or acT Magistrates court with medical students from the anu Medical School – 45 per cent and end of course examination (45 per cent). 10 per cent class partici-pation based on demonstration of above learning outcomes in face-to-face situation. Details of final assessment will be provided on the course home page by the first week of semester.

Preliminary Reading: I freckleton and K Petersen, Controversies in Health Law (federation Press 2006).

Prescribed text: Ta faunce ‘Who Owns Our Health?: Medical Professionalism, law and leader-ship in the age of the Market State’ (unSw Press 2007). Two small books of materials of key case excerpts, legislation and key articles.

indicative reading list: a reading guide will be available on the course web page and will relate to the materials.

Majors/specialisations: Health Policy and ethics

Programs: Master of culture, Health and Medi-cine

other information: The course draws on almost every main area of law in so far as they have bear-ing on the health care system, particularly tort, contract, criminal, family, child, human rights and competition law. It raises matters discussed in lawyers, Justice and ethics, legal Theory, feminist and critical legal Theory, australian Public law and Human Rights law in australia.

laWs3202 honours thesis

elective, 12 units

academic Contact: Molly Townes o’Brien, Semes-ter 1 and Matthew Rimmer, Semester 2


Workload: There are no classes scheduled in this course. Instead, students are expected to meet regu-larly with their supervisors during the semester and to devote at least 20 hours per week to the thesis.

assumed knowledge and required skills: enrol-ment in Honours Thesis is restricted to students who satisfy the following requirements:

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the candidate, at the time of completion of his or her studies in the law School, will have completed 14 or more eligible law courses;

the candidate has, by Tuesday of the first week of the semester in which they will undertake Honours Thesis, submitted to the law School administration office a form signed by their supervisor indicating that the supervisor has read and approved a detailed research proposal prepared in accordance with issued guidelines, and has agreed to supervise the student;

the candidate is in a position to complete the requirements for admission to the degree in a period of one year or less as a full-time student;

at the time that the candidate qualifies under paragraph 3, the candidate has an Honours mark of 4.5 in the eligible law courses completed by the candidate, after disregarding the three courses (or less, if the Policy on award of Honours in the law School otherwise requires) in which the candidate has scored the lowest marks;

guidelines for the detailed research proposal are available in the course outline for Honours Thesis (which can be accessed via the law web page) or by request from the course convenor.

Course Description: The Honours Thesis makes up Part B of the final Honours examination for stu-dents wishing to graduate with an honours degree. for this course a student must complete an hon-ours thesis on a topic of their choice, under the supervision of a member of the academic staff or a person approved by the course convenor.

indicative assessment: Students are required to complete a thesis of between 11,000 and 13,000 words on a topic of their choice, under the supervi-sion of a member of the academic staff or a person approved by the course convenor.

To assist students to prepare their detailed research proposal and to undertake Honours Thesis, the anu college of law offers Honours Thesis work-shops each year. attendance is voluntary. Dates for 2009 will be advised on the web. It is strongly recommended that students attend a workshop at least three months before the semester in which they enrol in Honours Thesis. Students may attend

more than one workshop. for more information, see the brochure about Honours in law available on the noticeboard at the student’s login page, the honours information page on the college of law website and the course outline.

laWs2220 huMan riGhts laW in australia

elective, 6 units

academic Contact: Peter Bailey

offered: Semester 2

Workload: There will be three hours of lectures each week. The first session will be two hours and will be composed of lecture material, delivered in semi-seminar mode as class size allows. The sub-sequent single hour will allow presentations in the first part of the course, and a more discursive format before and after the presentations. In gen-eral, the course is likely to involve overall some ten hours a week.


Corequisites: commonwealth constitutional law lawS2202.

assumed knowledge and required skills: The course will be adapted where possible to take into account students’ prior knowledge. It will assume a desire to probe the human rights enterprise, although not necessarily in supportive mode. The object is to promote interest in human rights and their realisation, and to discuss in a receptive envi-ronment what are often very different views both about values and how they should be implemented. So interest, a willingness to be involved, and a receptiveness to the views of others are preferred rather than simple absorption of ‘the law’. The sub-ject provides a human rights based critique for the values and standards the law contains.

Course Description: The course is concerned with how the international standards defining human rights can be recognised and established in aus-tralian law. To do this it starts with what human rights are, and compares them with other forms of rights. There is discussion of how bills of rights fit with human rights. The australian Human Rights


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acts (acT and Victoria) are examined as examples and the proposals for an australian bill of rights will be reviewed.

another topic discussed is the implementation in law of the human rights to equality and non-dis-crimination. commonwealth and State legislation, and the resultant case law, are analysed and cri-tiqued. The inadequacies in human rights terms of the constitution will be exposed and there will be discussion of how the inadequacies might be rem-edied.

The final section of the course is devoted to exam-ining the human rights of individuals and groups who suffer disadvantage within the legal sys-tem. The particular groups and individuals will potentially include a critical examination of the enjoyment of human rights by Indigenous peoples, people with alternative forms of sexuality, asylum seekers and prisoners. To the extent possible these topics and others such as human rights relating to counter-terrorism law and the rights to life and to freedom of expression will be subject to selection in consultation with the class.

indicative assessment: a two-part assessment package will be offered to give a range of choices and to enable students to have feedback on their progress. It is likely to include essays, take-home assignments, responses to a video presentation and class presentations. The various learning out-comes promoted by the options are identified in the means of assessment available on the course website.

Preliminary reading: The first two chapters of the new textbook would be useful, or else the parallel chapters in Human Rights: Australia in an Inter-national Context, Butterworths, Bailey P, 1990, still the current textbook; or a selection of chapters from Bringing Human Rights to Life, Bailey P, fed-eration Press 1993.

Prescribed text: Bailey P, The Human Rights Enterprise, lexisnexis, 2009 (expected to be pub-lished in early 2009).

indicative reading list: The course outline will list readings in relation to the topics being covered, and further general texts such as o’neill, Rice and

Douglas, Retreat from Injustice: Human Rights Law in Australia, federation Press, 2004.

Students may find it helpful to take International law of Human Rights (lawS2225) as well at some point in their degree, (preferably before this course as it is a logical sequel). The two courses together provide a comprehensive introduction to human rights law.

laWs2221 inCoMe taX

elective, 6 units

academic Contact: Michael Kobetsky

offered in: Semester 1

Workload: The course consists of three hours of lectures per week. Students are generally expected to devote approximately 10 hours overall per week to this course.


Course Description: This course introduces stu-dents to the main principles of australia’s income tax system. In order to understand the critical func-tion of taxation in the australian community, the taxation system is studied in its legal, economic, social and political context. given the speed with which changes are made to the technical details of tax law, this course seeks to provide students with an understanding of the principles of the income tax system rather than knowledge of a particular but limited set of technical rules.

Topics to be considered include:

the concept of income;

personal services income;

business income;

property income;

the deductions;

the taxation of capital gains;

the taxation of fringe benefits;

residency, source and double tax agreements;

the taxation of trusts and partnerships;

the anti-avoidance measures; and

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tax administration.

indicative assessment: The proposed means of assessment for this course will involve two pieces of assessment, with one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.

Prescribed Text: Kobetsky, et al, Income Tax: Text, Materials and Essential Cases (7th ed) (2008), Fundamental Tax Legislation (2009).

This course has been accredited by both the Insti-tute of chartered accountants in australia and the australian Society of certified Practicing account-ants.

laWs2238 inDiGenous australians anD the laW

elective, 6 units

not offered in 2010

Prerequisites: australian Public law lawS2201, criminal law and Procedure lawS1206.


laWs2245 inForMation teChnoloGy laW

elective, 6 units

not offered in 2010


laWs2222 intelleCtual ProPerty

elective, 6 units

academic Contact: Matthew Rimmer

offered: Semester 1

Workload: This course will involve weekly two-hour lectures, and one-hour seminars over the period of a semester. Students are expected to devote approximately ten hours overall per week to this course.

Prerequisite: completed or completing five lawS courses at 1000 level.

Course Description: all classes will be interactive and students are offered the opportunity to pursue inquiry-based learning. Students will work through electronic materials and attend a two-hour lec-ture discussing reform initiatives, international comparisons and recent cases. There will also be a policy-based seminar each week.

The course provides an overview of intellectual property law. It considers the main aspects of cop-yright law, Designs law, Passing off, Trade Mark law, confidential Information, Patent law and Plant Breeders’ Rights. It concentrates on the rela-tionship between the different forms of Intellectual Property and the process of reform to provide students with an understanding of the underly-ing principles behind such forms of protection. The course also explores a number of key policy themes – including the globalisation of trade; the formation of the public domain and the creative commons; the rise of information technology; the scientific revolutions in agriculture, medicine and biotechnology; the development of personality rights and privacy rights; the promotion of clean technologies to address the effects of climate change and global warming; and the protection of traditional knowledge and culture.

indicative assessment: The proposed scheme of assessment for this course will involve three com-pulsory and non-redeemable components:

Seminar presentation – 8-11 minutes presentation plus 1000 word note (value 20 per cent)

Research essay – 2,000-2,500 word essay (value 40 per cent)

examination – 1 hour examination (3 questions) (value 40 per cent).


Prescribed text: McKeough, J., Bowrey, K. and P. griffith, Intellectual Property: Commentary and Materials (4th ed). Sydney: lexisnexis But-


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terworths, 2007, pp. 772 or Davison, M., Monotti, a, and l. wiseman, Australian Intellectual Prop-erty Law. cambridge: cambridge university Press, 2008, pp. 625.

It is also essential that students have access to australian intellectual property legislation and international treaties. These acts may be down loaded from www.comlaw.gov.au/ or www.austlii.edu.au/ or may be found in the Butterworths Intellectual Property collection 2009 (Sydney: lex-isnexis Butterworths, 2009).

laWs2265 international aDvoCaCy anD ProCeDure

elective, 6 units

academic Contact: Don anton

offered: Semester 2




This course is capped at 56 students.

Course Description: The course has three primary aims:

It will teach students the basic procedure and practice of principal international courts, tribunals and bodies, including: the International court of Justice, the International Tribunal for the law of the Sea, the International criminal court, the world Trade organisation, Human rights bodies, international commercial and investment arbitration and conciliation mechanisms, and Inspection Panels

It will allow students to develop proficiency with all the important issues related to international advocacy, including a working knowledge of: governing texts, organisation and composition of courts and tribunals; institution of proceedings; provisional measures; jurisdiction (advisory, contentious and appellate) and access; admissibility; preliminary objections, third parties, intervention and amicus curiae; written

proceedings; oral argument, experts, enforcement, interpretation and revision of judgement; execution, recognition and enforcement of award

It will equip students with advanced skills in international legal research and writing and with basic advocacy skills.

indicative assessment: The proposed assess-ment in this course will consist of the preparation of written submissions and the delivery of oral submissions on a hypothetical international law problem.


other information: This course will ordinarily serve as a prerequisite for Jessup Moot. It will also serve as a platform for students wishing to par-ticipate in the many other international law moots available, including the Jean-Pictet International Humanitarian law Moot, the Red cross Interna-tional Humanitarian law (IHl) Moot competition, the asia cup International law Moot court com-petition, the oxford International Intellectual Property Mooting competition, the Manfred lachs Space law Moot court competition, the willem c Vis International commercial arbitration Moot, and the International Maritime law arbitration Moot competition.

laWs2266 international arbitration anD neGotiation Moot CoMPetition in JaPan

elective, 6 units

academic Contact: Kent anderson

offered: Spring Session, 2010

Workload: 39 hours minimum

Prerequisites: lawS2250 International law. Stu-dents must be fluent in Japanese to undertake this course. completed or completing five lawS courses at 1000 level.

The course is capped at 5 students.

Course Description: Topics covered in this course generally include:

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Private international law: Basic concepts

Jurisdiction over disputes, people, property

choice and conflict of laws

Substantive cross-Border legal Matters

unIDRoIT Principles of International commercial contracting

comparative law topics (the specific subject will be determined by the factual problem and may cover constitutional law, administrative law, environmental law, torts etc)

arbitration

Introduction to arbitration

uncITRal Rules of commercial arbitration

advocacy and cross-cultural communication

effective oral advocacy in arbitration

effective written advocacy for arbitration and for negotiation

effective Japanese language and cross-cultural communication in a legal context

negotiation

Basic principles and strategies of negotiation

cultural based negotiation?

indicative assessment: assessment will be based on:

student contribution to the team’s preparation

the team’s two memorandum for arbitration and negotiation

assessment of the student’s participation in the competition

a reflective essay following the competition.


Prescribed text: Please refer to lawS2266 on the course home page.

laWs2252 international CriMinal laW

elective, 6 units

not offered in 2010

Prerequisites: International law lawS2250.


laWs2223 international DisPute resolution

elective, 6 units

not offered in 2010



laWs2253 international environMental laW

elective, 6 units


offered: Semester 1




Course Description: The course takes a thematic approach by using selected regimes to highlight current trends in the development of international environmental law. This thematic approach also facilitates an exploration of the political and eco-nomic factors which influence the development of legal instruments designed to tackle pressing glo-bal environmental problems.

The course will cover fundamentals such as the history and sources of international environmen-tal law, and the tension between international environmental regulation and state sovereignty. It also examines specific regimes and institutions to illustrate the complex and dynamic nature of the discipline. Issues to be covered will include cli-mate change, biological diversity, and the marine environment. Key institutions such as the united


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nations environment Programme and the world Bank will also be examined.



laWs2224 international laW eleCtive: laW oF the sea

elective, 6 units

not offered in 2010

Prerequisites: International law lawS2250

completed or completing five lawS courses at 1000 level

laWs2225 international laW oF huMan riGhts

elective, 6 units

academic Contact: Kevin Boreham

offered: Semester 1

Workload: There will be three contact hours per week, made up of one large group lecture and two smaller seminars. The average workload for the course will be 10 hours per week.



recommended: It would be helpful but not essen-tial for students to have completed commonwealth constitutional law prior to commencing this course.

Course Description: This course aims to provide students with a critical understanding of interna-tional human rights law and practice.


historical development of international human rights law

international humanitarian law (the law of armed conflict) and its relationship with the international law of human rights

human rights ‘enforcement’ mechanisms: the un Human Rights council, the human rights treaty bodies and human rights regional mechanisms

the rights of women and the rights of indigenous peoples

threats to rights, particularly in the context of the war on terror

application of international human rights law in australia, including refugee issues, anti-terror legislation and the argument about an australian Bill of Rights.

indicative assessment: The components of the assessment will be: either a class presentation worth 40 % or a research paper worth 40 %; a class participation mark worth 10%; and a take-home exam worth 50 % to be undertaken at the end of the semester. The relationship between the assessment and the learning outcomes for the course will be set out in the course outline. Details of the course means of assessment will be provided on the course home page and webcT by the first week of semester.

Preliminary reading: Students should read lynn Hunt’s Inventing Human Rights: A history (2007) and Mary ann glendon’s A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001). There are copies of both books in the law library. Students should also visit the website of Human Rights watch (www.hrw.org) to familiarise themselves with current human rights issues.

Prescribed text: Henry J Steiner, Philip alston and Ryan goodman, International Human Rights in Context (3rd ed, 2007).

other information: Students may find it helpful to take the course Human Rights law in australia (lawS2220) as well at some point in their degree, as the two courses together provide a comprehen-sive introduction to the law on human rights. This course is also a useful adjunct to Indigenous aus-tralians and the law in presenting the international context of such issues as the indigenous right to self-determination.

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laWs2258 international orGanisations (Geneva)

elective, 6 units

academic Contact: Jean-Pierre fonteyne

offered: Summer Session, 2010

Workload: Students will attend between 50 and 60 hours of actual class time in the course of the 3-week intensive program of study. In addition, students will have to allocate appropriate time in the course of the first half of the following semes-ter to complete the required research essay.

Prerequisites: International law lawS2250. completed or completing five lawS courses at 1000 level. In addition, priority will be given to later year students who have completed at least one additional international law elective. where appropriate, academic merit may also be taken into account. enrolment is subject to the payment of the applicable administrative fees and accommo-dation costs.

assumed knowledge and required skills: enrol-ment in the course is limited to students with a sufficient background in international law (see pre-requisites).

recommended: any international law elective in addition to International law.

Course Description: This course will be taught in conjunction with the equivalent postgraduate course. Due to practical considerations, enrolment will be strictly limited (20 students from all sourc-es – a limited number of places may go to non-anu summer school students and/or to postgraduate students).

The purpose of the course is to provide partici-pants with a substantive overview of the activities of international organisations (governmental and non-governmental) located in geneva, focusing on the legal issues arising in their operations or area of concern. Students will spend three weeks in geneva. formal academic instruction will be provided in part by the accompanying anu staff member and in part by staff drawn from local aca-demic institutions, ngos, etc. In addition, they will take part in coordinated visits to a range of gov-

ernmental and non-governmental organisations in geneva, including up to 30 hours of presentations by legal specialists addressing the activities of their organisation.

The first week will be devoted to general aspects of the operation of international organisations, the second week will focus on human rights and related issues, and the third week will mainly address trade, IP and environmental questions. The precise composition of the program will vary to some extent from year to year. a copy of the day-by-day schedule of the last course is available on the college webpage as an indicator of the likely content of the next course.

The classes will take place at the graduate Institute of International Studies and Development, and in various international organisations in geneva. all classes and visits will be conducted in english and knowledge of french is not required.

indicative assessment: 20 per cent for class participation in light of the high level of student participation expected in class and 80 per cent for completion of a 4,000 to 4,500 word essay, to be completed in the early part of the following semes-ter, on a topic approved by the convenor prior to the end of the geneva program. Details of the final assessment will be provided on the course home page.

Prescribed text: a reading brick will be made available at the start of the program in geneva, and further materials may be made available by guest lecturers in the course of the program.

other information: This unit is particularly suit-able for later-year students who have completed at least one international law elective in addition to the basic international law course. Students interested in international human rights in its vari-ous guises (including labour law, refugees, health, etc) might find the unit particularly interesting, as this aspect of international law will feature promi-nently in the course given the location in geneva of various un and ngo human rights organisations (HcHR, unHcR, IcRc, IfRcS, wHo, Ilo, global fund, etc). International trade, environmental, and intellectual property law, as well as a number of


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other specialised areas, are also likely to be the sub-ject of specific visits in the course of the program.

laWs2226 international traDe laW

elective, 6 units


offered: Semester 1

Workload: Throughout the course there will be three hours of teaching per week. This will generally involve a two hour lecture and a one hour seminar (sometimes the seminars will be “skills sessions”). Students are generally expected to devote approxi-mately 10 hours overall per week to this course.



assumed knowledge and required skills: It is not required that students have a background in economics, although some knowledge of economics will be helpful.

Course Description: The course introduces students to the fundamental principles of inter-national trade law. The primary goal of the course is to acquaint and familiarise students with the main pillars in this arena of international law and their effect on domestic law and policy. The course covers the key agreements and principles of inter-national trade law and the jurisdiction, policies and processes of the wTo. It also encompasses major critical analyses of international trade law together with an in-depth review of relevant gaTT/wTo panel and appellate body decisions.

Themes that will be addressed throughout the course will include the origins of international trade law, fundamental principles of the gaTT/wTo regime, Services (gaTS), the wTo Dumping and Subsidies regimes and the Sanitary and Phytosani-tary agreement. The effects of trade liberalisation in general on developing countries will also be the subject of review together with an analysis of the on-going conflict between the basic dictates of international trade agreements on the one hand and the need to enshrine and protect international environmental and labour standards on the other.

indicative assessment: The proposed means of assessment for this course will provide stu-dents with the option of undertaking at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.



other information: This course has close links with International law in that it investigates a par-ticular area of international law.

laWs2227 JaPanese laW anD soCiety

elective, 6 units

academic Contact: Kent anderson

offered: Semester 1

Workload: This course meets twice a week for 90 minutes. Student attendance and participation is worth 5% of assessment and webcT discussion posting is worth 5% of assessment. Do not take this course if you will rely on taping. I will endeavour to tape the course, but there is no guarantee that it will work. classroom participation is an impor-tant part of this course that cannot be replaced by listening to tapes.


assumed knowledge and required skills: This course does not assume you have a knowledge of Japan or Japanese. However, if you have a back-ground in Japanese or asian Studies, you will be able to use this in your analysis of the topics cov-ered in this course.

Course Description: law may arguably be described as the rules a society creates to gov-

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ern how its members should interact with one another. Thus, in examining a country’s laws and legal system we should be able to come to a better understanding of the dynamics and values of that society. The purpose of this course is to provide a foundation for understanding the place and use of law in modern Japan. The class will cover the history, structure, and fundamental substantive areas of Japanese law. further, we will investigate and challenge some of the assumptions about the place of law in Japanese society. Topics covered in the first part of the course on Japanese legal struc-ture include its legal history, judicial system, legal education, and legal profession. Topics covered in the second part of the course on Japanese legal society include Japan’s views on litigation, foreign-ers, women, and minorities. Topics covered in the third part of the course on Japanese substantive law include the foundations and current topics in Japanese constitutional, criminal, contract, tort, and commercial law.

indicative assessment: The following assessment scheme is proposed:

attendance and Participation (5%)

webcT Discussion Postings (5%)

news assignment-Presentation (20%)

news assignment-Impressions Paper (20%)

final examination or final Paper (50%).

Prescribed texts: There is no prescribed text. all materials will be available as an eBrick on webcT.

laWs3010 JessuP Moot

elective, 6 units



Workload: Jessup requires hard work. effective participation requires a full time commitment throughout the preparation and competition period. Minimal part time employment (up to 10 per cent of normal working hours) is permissible, but only up to the christmas-new Year period.

The preparation of the team written memorials will start in late november. The memorial submission date is usually about 12 January (possibly earlier

for the australian rounds). Then we hold 12 prac-tice moots. The australian rounds are held here at the anu in late January or early february.

The international finals are held in the united States in March or april. The top two australian teams participate in the international competition.

Prerequisites: only students selected by the coordinator for the course, on the basis of criteria adopted by the anu college of law, to represent the anu in the Jessup Moot competition will be eligible to enrol in the course. familiarity with International law and/or mooting and research experience is desirable, as well as a willingness to devote most of the summer period to the under-taking.


assumed knowledge and required skills: appli-cants for enrolment will be considered in the light of these skills: basic familiarity with international law (though completion of an international law unit is not essential); general academic perform-ance; research experience and mooting experience (desirable but not essential). we also seek to find at least one team member with these qualities plus excellent IT skills to help in the demanding require-ments of constructing the memorials. Students must not have graduated with an llB by the time the competition is held.

recommended: Basic familiarity with international law is necessary, but completion of an international law unit is not required.

Course Description: Jessup Moot is a summer session elective unit (lawS3010). It is the austral-ian round of the Philip c. Jessup International law Moot court competition.

Members of the Jessup team are all expected to prepare the written memorials and participate in the internal anu practice moots. The team then participates in the australian rounds of the Jes-sup Moot competition and, if the team reaches the final of the australian rounds, would compete in the International Rounds in the united States.

There is a maximum of 5 team members.


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applications for selection for the 2009-10 Jessup Moot team closed in first semester 2009.

More details of Jessup Moot can be viewed at the Jessup website http://www.ilsa.org/jessup/

indicative assessment: assessment is based on the performance of the students on the team through the entire Jessup period. a common mark is awarded to each Jessup team member based on the performance of the team as evaluated by the convenor and team coach in consultation with the Jessup faculty ‘advisor’.

The convenor may vary individual marks in excep-tional circumstances.

The criteria on which assessment will be based are:

the team’s capacity to work cooperatively and successfully under pressure

depth and quality of research

ability to draft a written international law argument and support it with appropriate authority

ability to present oral argument in international law, support it with appropriate authority and defend it under questioning

the level of achievement of the team in the competition, including awards to individual members.

Preliminary reading: Vaughan lowe and Malgosia fitzmaurice (eds) Fifty Years of the International Court of Justice (1996), Shabtai Rosenne, The Law and Practice of the International Court 1920-2005 (4th ed 2006), christopher Kee, The Art of Argument: A Guide to Mooting (2006) and David Pope and Dan Hill, Mooting and Advocacy Skills (2007).

laWs2228 labour laW

elective, 6 units


offered: Semester 2

Workload: class contact hours are 3 hours per week. This will include lectures and class discussion. The amount of time dedicated to class discussion as opposed to lectures will vary depending on class

size. Students are generally expected to devote approximately 10 hours per week to this course.



recommended: other courses making up a specialisation in labour law include work and law – Selected Topics. anti-discrimination law studied in Human Rights law is also relevant.

Course Description: This course examines labour law in australia. labour law is an important compo-nent of studies in the legal regulation of commerce. Students are introduced to the key aspects of labour laws which determine the rights, entitlements and responsibilities of employers and workers in the workplace. Both practical and theoretical perspec-tives on judge-made law and statute regulating work are examined. given extensive recent legisla-tive activity by the commonwealth Parliament in the area of labour law, the fair work act 2009 (cth) as amended is analysed in some detail.

Topics covered include:

The history and development of australian labour law

The constitutional framework of australian labour law

employees contrasted with other categories of workers

The common law contract of employment

Minimum employment terms and conditions

workplace bargaining and agreements

The regulation of industrial conflict (including strikes)

wrongful, unlawful and unfair termination of employment

Transmission of business rules.

indicative assessment: The proposed means of assessment for this course will provide stu-dents with the option of undertaking at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the

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course, will be available on the course home page by the first week of semester.



laWs2260 laW anD PsyCholoGy

elective, 6 units

academic Contact: Mark nolan

offered: Semester 2

Workload: There will be 3 hours of class time per week. a further 7 or so hours of private study is expected per week in order to review required reading and research assessment tasks.


assumed knowledge and required skills: The course is pitched at students who have never stud-ied psychology and also aims to extend those who have studied psychology. Researching interdiscipli-nary law and psychology literature data bases as well as reading empirical psychological reports will be skills taught in the course.

recommended: The course focuses mainly on the psychology of criminal justice. Those who have studied and enjoyed criminal law and Procedure, criminal Justice, and/or Selected Topics in criminal law should enjoy this course.

Course Description: This course explores the interface of psychology and criminal law. one focus is psychology and courts, specifically the issues of eyewitnesses, psychologists as experts, witnesses, mental illness and the law, judicial decision mak-ing, children in court, persuasion and advocacy, language used in the courtroom, and jury research. another focus is on the psychological study of legal processes outside courts, including policing, inter-viewing, detecting deception, restorative justice, and therapeutic jurisprudence. Material discussed is primarily of relevance to the australian legal sys-

tem. The course offers a critical perspective on the developing discipline of legal psychology. Students are also shown how to research the interdiscipli-nary literature via relevant data bases.

indicative assessment: a mid-semester research casenote or empirical report review, a short answer test, and a research essay.

Preliminary reading: consult course outline for week 1 reading.

Prescribed text: a Kapardis, Psychology and the law: a critical Introduction (2nd edition, cam-bridge: cambridge university Press, 2003).

laWs2256 laW anD seXualities

elective, 6 units

not offered in 2010


laWs2229 laW anD soCiety in south east asia

elective, 6 units

academic Contact: Daniel fitzpatrick

offered: Semester 2

Workload: Three contact hours per week.


Course Description: This course introduces stu-dents to the legal systems of Southeast asia, an area of immediate importance to australia. legally speaking, the area is one of the most complex in the world. It comprises a range of customary, Islamic and State laws. These laws exist today in varying combinations, occasionally in harmony and, not infrequently, in conflict.

Part 1 of the course will provide an historical outline and general overview of these systems. In Part 2, the focus will be on land law and legal pluralism, as a representative case-study of law-in-action in Southeast asia.

indicative assessment: Please refer to lawS2229 course home page.


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Preliminary reading: Please refer to lawS2229 course home page.


laWs2230 laW internshiP

elective, 6 units

academic Contact: Peter ford

offered: Summer Session 2010, Semester 1, and Semester 2

Workload: The amount of time spent in the work-place will depend on the placement, the topic and the nature of the research to be undertaken. an agreement is prepared between the student, the professional supervisor and the course convenor to provide for regular meetings between the student and the supervisor and to set out expectations relating to progress.

Prerequisite: a student must be in their penulti-mate or final year with a credit average.

recommended: It would be helpful for students to have completed academic study of the relevant topic area before undertaking an internship.

Course Description: The student serves as an intern with a lawyer in a workplace (eg law firm) to complete a research paper on a practical topic chosen by the workplace. The workplace may be in the public or private sector. The project, which is settled by written agreement among the student, professional, and internship director, may be multi disciplinary but must have a strong law element.

Internships may also be available to work with members of the anu college of law on projects of an applied nature. These projects may include submissions to inquiries and parliamentary com-mittees, responses to discussion and issue papers, and projects of bodies with which members of the anu college of law are involved (for example, advisory councils).

a law School protocol governs these internships. college staff will advise the internship coordinator when such projects are available.

The time to be spent at the work site is variable; it reflects factors such as availability of data, library

resources, interviewing needs, and degree of pro-fessional supervision.

Internships are available during each semester, and during the summer vacation. To assist in placements, applications for an internship are generally made earlier than for other subjects – by end December in the preceding year for first semester, and by end May for second semester. for summer internships, applications should be in by mid-october. This is in addition to the normal course enrolment.

further information (including application form) is available on the anu college of law website: http://law.anu.edu.au/undergraduate/internship.asp

indicative assessment: The internship involves the completion of a 6,000 word research paper under the direct supervision of a legal professional in a workplace. The paper is jointly marked by the professional supervisor and the course convenor. This is the only assessment task for the course.

Preliminary reading: This will depend on the topic of research and may be discussed with the profes-sional supervisor.

laWs2270 laW reForM

elective, 6 units

academic Contact: Simon Rice

offered: Semester 1

Workload: This course is taught for three hours a week, in one two hour class and one hour class each week. Depending on enrolment numbers, the class will be a seminar discussion based on the readings, rather than a lecture. There will as well be a weekly practical activity in class that ena-bles students to implement law reform tactics in a hypothetical scenario.


assumed knowledge and required skills: In engaging in discussion about processes for chang-ing law, this course assumes that have a general understanding of the conventional processes of making law (eg through legislation, policy, and appellate courts), and a general awareness of con-temporary politics and policy debates.

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Course Description: In seminar discussion and case studies, the course will examine theories and processes of achieving law reform.

The topics to be covered in the course include:

theories of law reform;

the politics of law reform;

law reform through institutions: parliament, the bureaucracy, commissions and courts;

law reform through community action; and

the role of the news media and new media.

indicative assessment: Students will be assessed for their class participation, reflective journal entries, and a practical assignment which addresses a current or proposed issue of law reform. Details of the final assessment will be provided on the course home page by the first week of semester.

Preliminary Reading: The preliminary reading required for this course, if any, will be available from the course home page at least one week prior to the commencement of the course.

Prescribed text: Prescribed reading will be in a course brick compiled for the course and available before the first week of semester.

laWs2251 leGislative DraFtinG anD teChnoloGy

elective, 6 units

academic Contact: fiona guy (oRacle)

offered: Semester 2

Workload: each week there will be a 3 hour class consisting of both a theoretical and hands-on component. Students are generally expected to devote approximately 10 hours overall per week to this course.


assumed knowledge and required skills: It is helpful for students to have some experience in Microsoft word, basic computer literacy and an interest in learning new technology.

Course Description: The aim of this course is to give students an appreciation of issues involved

in administering legislative rules and to teach stu-dents ways of preventing these issues during the legislative drafting phase. The course specifically explores how technology can be used throughout the legislative life cycle.

Students will be introduced to a methodology and technologies which emphasise the importance of precise and structured legal expression and offer many options to analyse and represent the struc-ture of complex legal material.

Throughout the course, students will be required to learn and apply new technology to the problems at hand.

indicative assessment: The assessment for this course generally consists of:

an analysis piece (or multiple pieces) requiring the student to interpret and analyse a piece of legislation and report on their findings

the construction of a legislative rulebase using the technology taught in class

a final report examining the interaction of legal drafting and technology.

Prescribed text: course materials will be made available on the course website.

other information: this course is restricted to 20 students.

laWs2269 MiGration laW

elective, 6 units

academic Contact: Hitoshi nasu


Workload: It is expected that the course will be taught over six days in an intensive mode, requiring students to devote approximately 20-25 hours per week over the summer.

Prerequisites: lawS1205 australian Public law. Students will benefit from having completed lawS2201 administrative law.


Course Description: Migration law is a pub-lic law course concerned with the regulation by


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the government of migrants into australia. This course examines the Migration act, Regulations, and relevant court decisions, developing skills in statutory interpretation and legal analysis. It aims to demonstrate administrative, constitutional and international law in action in migration areas, and encourages thinking about the interaction among the legislature, executive and judiciary. This course is designed, not simply to follow detailed rules of visa system that are subject to constant changes, but to provide fundamental building blocks to equip students with the skills to identify main issues involved and construct legal and policy advice in an effective manner.

indicative assessment: There are three com-pulsory items of assessment: class participation; mid-semester assignment; and the assessment at the end of semester.

More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course will be available on the course home page by the first week of semester.

Preliminary reading: familiarise yourself with the Department of Immigration and citizenship website and other on-line material, including the course site. Read any text that excites your interest in the role of law in regulating entry into australia. for example, crock, Saul and Dastyari The future Seekers II (federation Press, 2006).


laWs2271 reFuGee laW

elective, 6 units

academic Contact: Matthew Zagor

not offered in 2010

Prerequisites: lawS2250 International law and lawS2201 administrative law.


laWs2254 restitution

elective, 6 units

academic Contact: Pauline Ridge

offered: Semester 1

Workload: Three contact hours per week.

Prerequisites: lawS1204 contracts.


Course Description: The course covers aspects of the law of restitution as it has developed in aus-tralia, england and (to a lesser extent) canada, and considers the inter-relationship between restitu-tion, contract, equity, and other categories of legal obligations.

The course is divided into four unequal parts. The first section of the course considers:

the history of restitution

theories of restitution and the concept of unjust enrichment.

The second part of the course examines various sit-uations where restitutionary relief may be sought including:

mistake

compulsion

ineffective contracts

restitution after breach of contract

restitution for wrongs

other topical issues.

The third part highlights various defences including:

estoppel

change of position.

The fourth part of the course examines personal and proprietary remedies for unjust enrichment.

indicative assessment: Mid-semester exam worth 50 per cent; and, an end of semester exam worth 50 per cent, or an essay worth 50 per cent. In addition, there will be a mark deduction for non-attendance at several seminars and there may be further assess-ment of such seminars.


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laWs2255 restriCtive traDe PraCtiCes

elective, 6 units


offered: Semester 2

Workload: Three hours per week (lecture – 2 hours, Tutorial – 1 hour).



Course Description: This course will consider the role and function of the Trade Practices Act 1974 (Cth) (‘the TPa’) in contributing to australia’s national competition Policy. The TPa is under con-tinuous review. The TPa was significantly amended by the Trade Practices Legislation Amendment Act (no 1) 2006 (cth) and most recently, the labour government has introduced an exposure draft of the Trade Practices Legislation Amend-ment Bill 2008 that will substantially amends 46 of the act concerning misuse of market power.

The TPa aims to preserve competition by prohibiting conduct that prevents or eliminates competition. The course principally involves a consideration of the various anti-competitive trading practices that are prohibited by Part IV of the TPa. The TPa is enforced by the australian competition and con-sumer commission (‘the accc’) and significant penalties can be imposed for contraventions of the TPa. In addition, private parties may seek a variety of remedies for loss or damage suffered as a result of a contravention of Part IV of the TPa.

indicative assessment: It is anticipated that stu-dents will complete an assignment and an exam during the course. There will also be compulsory tutorial exercises. Details of the final assessment will be provided on the course home page by the first week of semester.

Prescribed texts: Please refer to lawS2255 course home page.

laWs2248 seleCteD toPiCs in australian - uniteD states CoMParative laW (alabaMa)

elective, 6 units


offered: Summer Session 2010

Workload: Taught at the university of alabama law School in Tuscaloosa, alabama in January-february.

Prerequisites: criminal law and Procedure lawS1206.


enrolment in this summer course is restricted to the students who have been accepted in the 5-week intensive anu/uS Joint Teaching Program. Priority will generally be given to later year students (12 or less semester courses left to complete). Subject to this priority, students will be selected on a first-come first-serve basis, as enrolment will be strictly limited (10 students in 2009). where appropriate, academic merit may be taken into account.

Course Description: The course will be taught jointly by a visiting anu academic and an academic from the university of alabama law School. (while the specific subject area of the course will varies from year to year, depending on the particular field of interest of the anu/ua visitors, it will involve a comparative study of australian and uS approaches to the particular subject matter. assessment details, teaching methods and type of course materials will vary from year to year depending on the subject matter and personnel involved in each offering of the course, but will be specified prior to student enrolment in the course.)

In 2010, the course will involve a comparative study of australian and uS approaches to selected topics within criminal law and Procedure.

indicative assessment: Details of the final assess-ment will be provided on the course home page.


other information: To derive maximum ben-efit from the course, it is suggested that students


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undertake it in the latter part of their studies, when they have achieved a reasonable degree of famili-arity with law in general and with the particular subject area of the course in any given year.

laWs2257 seleCteD toPiCs in australian - uniteD states CoMParative laW (anu)

elective, 6 units


offered: Semester 2

Workload: This course is run in intensive format with approximately 9 hours of lectures / seminars per week during weeks 1-5 inclusive of Semester 2.

Prerequisites: lawS1206 criminal law and Pro-cedure.


This course is capped at 20.

Course Description: The course will involve a com-parative study of australian and uS approaches to selected topics within criminal law and Procedure.

indicative assessment: assessment details will be specified prior to student enrolment in the course. Details of the final assessment will be provided on the course home page by the first week of semester.

incompatibility: Please note that this course is a repeat of lawS2248 taught in Jan-feb of the same year at the university of alabama and can-not be taken by students who have completed that course.

Prescribed texts: a reading guide will be available on the course web page.

other information: To derive maximum ben-efit from the course, it is suggested that students undertake it in the latter part of their studies, when they have achieved a reasonable degree of famili-arity with law in general and with the particular subject area of the course in any given year.

laWs2261 seleCteD toPiCs in CriMinal laW

elective, 6 units

not offered in 2010

Prerequisites: criminal law and Procedure lawS1206.


laWs2233 seleCteD toPiCs in torts

elective, 6 units

not offered in 2010

Prerequisites: Torts lawS1203.


laWs2234 sPeCial laW eleCtive 1: aniMals anD the laW

elective, 6 units to 12 units

not offered in 2010


Students may also find it beneficial to have completed lawS2201 administrative law and lawS2203 cor-porations law.

laWs2235 sPeCial laW eleCtive 2: oCCuPational health & saFety




Workload: The workload for this course will com-prise:

36 contact hours; and

approximately 78 hours preparation.

Prerequisites: Torts lawS1203 and contracts lawS1204

completed or completing five lawS courses at 1000 level

Course Description: occupational Health and Safety law will provide students with an understanding of the legal regulation of workplace injuries, especially the employer’s common-law duty to maintain a safe workplace and the

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employer’s obligations under occupational health and safety statutes. The course will consider the problem of work-related injuries in the workplace, and the nature of workplace accidents. The course will consider briefly the history of workplace safety regulation, the failure of the common law to reduce accidents in the workplace and the Robens reforms on which modern safety laws are based. The focus of the course will then shift to an examination of statutory regimes governing occupational health and safety law in australia. The focus of the course will be on the new South wales statute, but significant differences between the new South wales statute and those existing in the other States and Territories will also be highlighted. Importantly, the course will also consider the proposals to harmonise australia’s nine separate occupational health and safety jurisdictions, and will provide students with the opportunity to be completely up-to-date with these important changes.

indicative assessment: It is anticipated that the final assessment will comprise of the following:

class presentations on selected extracts from materials (15%);

class participation (10%)

two on-line quizzes (10% each); and

research paper of 3000 words (55%).

Prescribed texts: Please refer to lawS2235 course home page.

laWs2239 sPeCial laW eleCtive 3: insuranCe laW


academic Contact: ashley Tsacalos


Workload: The course will be taught intensively over Summer involving at least 36 contact hours.



Course Description: This course will provide stu-dents with an introduction to the general principles of insurance law. It will include an overview of the

legislation that relates to insurance, particularly the Insurance contracts act 1984 (cth), and the legislation that regulates the insurance industry, particularly chapter 7 of the corporations act 2001 (cth) and the Insurance act 1973 (cth), as well as an examination of the common law relating to insurance law. There will also be a consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of disclo-sure, double insurance, contribution, subrogation and reinsurance. This course is taught with an emphasis on the practical application of the prin-ciples of insurance law. Therefore, the fundamental principles will be considered in a practical context. In addition, there will be a consideration of various insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course will also include an examination of insurance law in a dispute resolution framework in terms of the nature of insurance disputes, dispute resolution mechanisms and insurance litigation.

Topics covered include:

Introduction to Insurance law and the Insurance contracts act

Regulation of the Insurance Industry

formation of the contract of Insurance

Insurance agents and Brokers

Interim contracts of Insurance

Duty of utmost good faith, Duty of Disclosure and Misrepresentation

The Policy

construction of the contract of Insurance

Renewal, Variation and cancellation of Insurance

Mistake

waiver and estoppel

The claim

Double Insurance and contribution

Subrogation

Reinsurance

indicative assessment: The proposed assessment of this course comprises class participation (10%),


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two short answer papers (15% each) and a take home exam (60%).

Prescribed text: Readings will be contained in a brick of materials. Information about prescribed texts and other recommended reading will be available in the course outline on the course home page.

laWs2240 sPeCial laW eleCtive 4


not offered in 2010




not offered in 2010




not offered in 2010


laWs2263 sPeCial toPiCs in intelleCtual ProPerty

elective, 6 units

not offered in 2010

Prerequisites: Intellectual Property lawS2222.


laWs2236 suCCession

elective, 6 units

academic Contact: glenda Bloomfield

offered: Semester 1

Workload: Depending on class size, it is expected that each week there will be 3 contact hours

divided between lecture, seminar and tutorials. final details will be provided on the course web-site during the first week of semester. Students are generally expected to devote approximately 10 hours overall per week to this course.


Course Description: with our ageing population succession law is a growing area of practice for legal practitioners. The course examines the law governing succession to property after the death of the owner. Succession law touches every family, and, eventually, all of us.

Major topics include:

the nature of wills and their relationship to contracts

capacity to make a will, fraud on the testator, undue influence, formalities for making a will and how a will is revoked

what wills mean and how they are applied

the principles and practice of drafting wills

loss of capacity to benefit under a will; for instance, for killing the testator

how an estate is divided when there is no will

how the law protects family members against being disinherited by will.

The law on the various topics is considered in a social and political context, and the principles and rules are related to theory and to practice. while the course concentrates on the law of the acT, stu-dents will also frequently make comparisons and consider the law in other jurisdictions. It follows that considerable attention is given to pressures and directions for reform.

indicative assessment: The proposed means of assessment for this course will require students to undertake at least two pieces of assessment, including one piece during the course and a final exam. Details of the final assessment will be pro-vided on the course home page and webcT by the first week of semester.

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laWs2247 survey oF uniteD states laW

elective, 6 units

academic Contact: Bill andreen (university of alabama)


Workload: The course requires attendance at the university of alabama in Tuscaloosa throughout the 5-week intensive teaching period. Details for reading will be available through the course home page.

Prerequisites: enrolment in the summer course is restricted to the students who have been accepted in the 5-week intensive anu/ua Joint Teaching Program. Priority will be given to later year stu-dents (12 or less semester courses left to complete). Subject to this priority, students will generally be selected on a first-come first serve basis, as enrol-ment will be strictly limited (10 students in 2009). where appropriate, academic merit may be taken into account.


Course Description: The course will consist of a series of introductory lectures by various university of alabama law School staff members on various aspects of american law, supplemented by field trips to, eg, the civil Rights Museum in Birmingham, the alabama Supreme court in Montgomery, (form-ing an integral part of the course’s class work and included in the contact hours). It will concentrate on non-common law subjects (eg, constitutional law, administrative law, labor law, limited liabil-ity corporations, Bankruptcy, consumer Protection, environmental law, federalism, etc).

indicative assessment: examination at the end of the alabama Program.

other information: To derive maximum ben-efit from the course, it is suggested that students undertake it in the latter part of their studies, when they have achieved a reasonable degree of famili-arity with law in general. Taught at the university

of alabama law School in Tuscaloosa, alabama in Jan-feb. applications must be submitted in early august of the preceding year.

laWs2237 takeovers anD seCurities inDustry laW

elective, 6 units

academic Contact: emma armson

offered: Semester 2


Prerequisites: corporations law lawS2203.


Course Description: This course examines impor-tant facets of the regulation of corporations. It investigates the law and policy relating to the acquisition of control of corporations, particularly by takeover, and the regulation of financial markets generally.


issues prompting, and theories shaping, the regulation of takeovers and the securities industry generally;

the regulation of financial markets;

the powers of the australian Securities and Investment commission and the australian Securities exchange (aSX) over listed companies and other participants in the industry;

the obligations of listed companies, brokers and dealers;

controls upon market manipulation and insider trading;

the legal requirements for prospectuses;

directors’ responsibilities in a takeover situation;

controls upon the acquisition of shares under chapter 6 of the Corporations Act 2001 (cth); and

compulsory acquisition powers.


page 107

indicative assessment: The proposed means of assessment for this course will involve at least two pieces of assessment, including one piece during the semester.



other information: The course builds upon knowl-edge acquired by students in corporations law as well as pursuing specialised legal applications in the area of public company regulation. Students seeking a strong corporate law specialisation in their degree would also enrol in Bankruptcy and Insolvency.

laWs2231 Work anD laW – seleCteD toPiCs

elective, 6 units

not offered in 2010


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POSTGRADUATE ELECTIVE COURSES FOR JD STUDENTS

for complete course descriptions, please go to: http://law.anu.edu.au/Postgraduate/Juris_Doctor.asp

laWs8218 aDvanCeD ContraCts

elective, 6 units

academic Contact: Jim Davis

offered: Spring Session


laWs8181 australian CliMate laW

elective, 6 units




laWs8240 australian huMan riGhts & DisCriMination laW

elective, 6 units

academic Contact: Peter Bailey

offered: autumn Session


laWs8280 bioDiversity laW & PoliCyelective, 6 units

academic Contact: James Prest/David farrier

offered: winter Session


laWs8110 business strateGy & environMental resPonsibility (Melbourne)

elective, 6 units

academic Contact: neil gunningham


laWs8175 CitiZenshiP laW in ConteXt

elective, 6 units

academic Contact: Kim Rubenstein



laWs8154 CoMPetition laW

elective, 6 units




laWs8144 ConFliCt oF laWs

elective, 6 units




laWs8128 ConteMPorary issues in Constitutional laW

elective, 6 units




laWs8111 environMent business & reGulation (Melbourne)

elective, 6 units

academic Contact: neil gunningham




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laWs8146 environMental lanDuse PlanninG laW

elective, 6 units

academic Contact: alan Bradbury



laWs8187 environMental litiGation

elective, 6 units

academic Contact: chris Mcgrath



laWs8243 FreeDoM oF inForMation & PrivaCy

elective, 6 units

academic Contact: natalie Butler



laWs8220 GovernMent ContraCts

elective, 6 units

academic Contact: nick Seddon



laWs8180 international CliMate laW

elective, 6 units

academic Contact: Martijn wilder



laWs8566 international CriMinal laW

elective, 6 units

academic Contact: gerry Simpson



laWs8567 international DisPute resolution

elective, 6 units




laWs8234 international huMan riGhts laW

elective, 6 units

academic Contact: Theodore christakis



laWs8178 international laW & the use oF arMeD ForCe

elective, 6 units

academic Contact: Sarah Heathcote



laWs8264 international laW oF the environMent

elective, 6 units




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laWs8229 international laW oF WorlD traDe

elective, 6 units

academic Contact: andrew Mitchell and Tania Voon



laWs8179 international seCurity laW

elective, 6 units

academic Contact: Hitoshi nasu



laWs8125 laW oF CorPorate GovernanCe

elective, 6 units

academic Contact: Kath Hall



laWs8129 Marine & Coastal laW

elective, 6 units




laWs8172 MeDia & CoMMuniCations laW

elective, 6 units

academic Contact: Matthew Rimmer



laWs8148 sPeCial toPiCs in laW: international laW oF sustainable DeveloPMent

elective, 6 units




laWs8142 tort liability & PubliC authorities

elective, 6 units




laWs8123 Water resourCes laW

elective, 6 units

academic Contact: alex gardner



laWs8301 GraDuate researCh unit

elective, 12 units

academic Contact: Supervisor

offered: Summer Session, 2010, first Semester 2010, and Second Semester, 2010.

course Description: a research paper of 15,000 words in length on an approved topic. The topic must be approved by the Director, Postgraduate coursework Program or the Sub-Dean for Juris Doctor students, and the appointed supervisor in consultation. a more detailed guideline is available in the law school office.

Requisite Statement: enrolment in a Masters pro-gram; completion of at least 24 units at a 70% average; approval from the Director, Postgradu-ate coursework Program or enrolment in the Juris Doctor program with 70% average across 24 rel-evant units.


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LAW COURSES OFFERED TO STUDENTS IN OTHER DISCIPLINES

laWs3103 laW anD the environMent

elective, 6 units

not offered in 2010

Prerequisites: 96 units completed or the permis-sion of the coordinator

laWs3104 PrinCiPles oF intelleCtual ProPerty

elective, 6 units

academic Contact: Matthew Rimmer and alison Mclennan

offered: Semester 1

Workload: This class will involve 2 hours of class contact each week and up to 8 hours of reading and associated exercises to be completed out of class.

assumed knowledge and required skills: This is a six unit group e course offered by the anu college of law for students with no prior law knowledge.

incompatibility: not available to law students.

Course Description: This course will consider the application of intellectual property to the vari-ous fields of biotechnology - covering agriculture, research, medicine and the environment. It will examine the legitimate scope of patentable subject matter, the threshold criteria, the exceptions to patent infringement, the implications for bioeth-ics, the relationship between patents and plant breeder’s rights, and questions of access to genetic resources. Principal topics include:

Micro-organisms

Plants

animals

Research Tools and experimental use

gene Patents

Stem cell Patents

Pharmaceutical Drugs and access to Medicines

Information Technology and Bioinformatics

nanotechnology

Synthetic Biology

clean Technologies

access to genetic Resources

Traditional Knowledge

learning outcomes: By the end of the course Students will have been provided with the oppor-tunity to learn how to:

identify, apply and assess issues relating to each of the relevant areas of intellectual property in various fields of scientific research

recognise the choices that are involved with the protection of intellectual property and understand the issues confronted in each choice

understand the potential role and dangers of ownership rights and marketing protection in encouraging scientific research.

indicative assessment: The assessment of this course is likely to involve at least two components, including a compulsory exam and essay or presen-tation components. There is also likely to be a class participation component depending on class size. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.

Prescribed texts: The set texts for this course are: australian law Reform commission, genes and Ingenuity: gene Patenting and Human Health. Report 99. Sydney: australian commonwealth, June 2004, http://www.austlii.edu.au/au/other/alrc/publications/reports/99/ and Senate commu-nity affairs committee, Inquiry into gene Patents, canberra: australian Parliament, november 2009, http://www.aph.gov.au/senate/committee/clac_ctte/gene_patents/index.htm

Students should also refer to the key cases and other key material, which are electronically hyper-linked. Students should have reference to a copy of the Patents act 1990 (cth), the Plant Breeder’s Rights act 1994 (cth), and the environmental Pro-

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tection and Biodiversity conservation amendment Regulations (no 2) 2005 (cth). These may be down loaded from <http://law.gov.au>. or this legisla-tion may be found in the Butterworths Intellectual Property collection (Butterworths, Sydney, 2009).

Information about prescribed texts and other read-ing materials will be available in the course outline. See the course home page on the anu college of law website.

other information: This course will not count towards the Bachelor of Science (Psychology) or Bachelor of Science (forestry) component of com-bined programs. The course is not offered to law students; it is specially designed for non-law stu-dents.

This is a compulsory course in the Bachelor of Bio-technology and other science students can take this course however it will not be classed as a sci-ence course ie it will not count towards the group c science requirement of your degree. Instead it will be classed as an out of college course.


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